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View Full Version : fan sues Yankees over 'dirty players'


Fenway
01-14-2008, 10:41 AM
The disgusted die-hard, a 30-year-old paralegal, filed a claim against his former favorite team last week in Brooklyn Small Claims Court.
"I look at it almost as a consumer fraud," Mitchell said about the use of performance-enhancing drugs in the Major Leagues. "If I'm going to watch a baseball game, then I expect it to be real."

http://www.nypost.com/seven/01132008/news/regionalnews/juice_gotta_be_kidding__116788.htm

thomas35forever
01-14-2008, 12:01 PM
We should have seen something like this coming. We just didn't think it was a possibility.

DumpJerry
01-14-2008, 12:15 PM
He's gonna lose. Plain and simple.

CLR01
01-14-2008, 12:18 PM
He's gonna lose. Plain and simple.


Auditioning for tru TV's court room coverage? :tongue:

Trav
01-14-2008, 03:10 PM
I hate stupid law suits. Someone should sue that guy for being so naive.

Hendu
01-14-2008, 03:33 PM
He's gonna lose. Plain and simple.

True, but it'll be interesting to see how it plays out if the case proceeds (and whether an ambitious lawyer tries to put a class action suit together).

skottyj242
01-14-2008, 03:34 PM
His name is Mitchell? That's like the ice-cream man being named Cone.

Taliesinrk
01-14-2008, 04:13 PM
I hate stupid law suits. Someone should sue that guy for being so naive.

or being a stupid *******

The Immigrant
01-14-2008, 04:59 PM
I hate stupid law suits.

I hate media coverage of stupid lawsuits. It only encourages this kind of nonsense.

HomeFish
01-14-2008, 05:04 PM
If I were to do this, I would sue for Intentional Infliction of Mental Distress rather than consumer fraud. Though I don't know the NY law on that.

Standing Ovation
01-14-2008, 05:14 PM
I might be the one dissenter on this board, but I say good for him. He's clearly not doing it for the money.

MarySwiss
01-14-2008, 05:25 PM
He's gonna lose. Plain and simple.

Yep. And then he's gonna sign a huge book deal.

I might be the one dissenter on this board, but I say good for him. He's clearly not doing it for the money.

See above.

Standing Ovation
01-14-2008, 05:29 PM
Yep. And then he's gonna sign a huge book deal.



See above.


Where does it say he's doing a book deal? And a book about what? His book would be the size of a pamphlet.

DumpJerry
01-14-2008, 10:01 PM
Auditioning for tru TV's court room coverage? :tongue:

Come on, the money is great and you can't beat the hours.

I hate stupid law suits. Someone should sue that guy for being so naive.

Sweet.

True, but it'll be interesting to see how it plays out if the case proceeds (and whether an ambitious lawyer tries to put a class action suit together).

It won't survive the motion to dismiss. If he has a lawyer representing him, that person better hope the court doesn't sanction him/her.

If I were to do this, I would sue for Intentional Infliction of Mental Distress rather than consumer fraud. Though I don't know the NY law on that.
Intentional Infliction is not possible. He would have to show extreme and outrageous conduct by the defendant which was reasonably calculated to cause extreme emotional distress in the plaintiff. He would have to show that he sought psychological help and his therapist would have to testify how the trauma effected him real badly and that nothing else in his life at the time (broken marriage, death of a loved one, puppy running away) occur ed which could have caused the sleepless nights, loss of appetite, suicide attempts, and seeking to purchase Cub season tickets.

Fenway
01-14-2008, 10:14 PM
It won't survive the motion to dismiss. If he has a lawyer representing him, that person better hope the court doesn't sanction him/her.




The court is in BROOKLYN.....Judges in NY love cases like this because it hepls them at the ballot box

Sox
01-14-2008, 11:03 PM
I hate media coverage of stupid lawsuits. It only encourages this kind of nonsense.

Kind of like when the camera shows a fan running out onto the field.........

DumpJerry
01-14-2008, 11:22 PM
The court is in BROOKLYN.....Judges in NY love cases like this because it hepls them at the ballot box
He can't make out a claim for consumer fraud unless he can show that the Yankees promised (or implied) that they would be presenting steroid-free players to induce people to buy tickets. Something tells me that the Yankees never advertised "We're 100% steroid/HGH free! Come see us play!" It doesn't matter what some Brooklyn judge wants to do.

By the way, if he can't show all his ticket stubs for games where steroid using players played, he will have a hard time proving up damages.

Oh yeah, he has to show that the players in those games were using steroids or HGH at the time he was at the game and not at a later date.

Like I said earlier, he's gonna lose.

jabrch
01-14-2008, 11:38 PM
By the way, if he can't show all his ticket stubs for games where steroid using players played, he will have a hard time proving up damages.

Even with ticket stubs or a season ticket, I still don't think he can show any damanges. Unless he goes after them for fraud, and punitive damanges...in which case he'd have to prove that the Yankees management was knowingly complicit in perpetrating this fraud.

Like you said - he won't win.

DumpJerry
01-14-2008, 11:43 PM
Even with ticket stubs or a season ticket, I still don't think he can show any damanges. Unless he goes after them for fraud, and punitive damanges...in which case he'd have to prove that the Yankees management was knowingly complicit in perpetrating this fraud.

Like you said - he won't win.
You're right. Anyway, everyone, except for Bud Selig, has known for years that steroids were rampant in MLB. If he claims ignorance, he looks like the biggest fool ever.

HomeFish
01-15-2008, 01:44 AM
Intentional Infliction is not possible. He would have to show extreme and outrageous conduct by the defendant which was reasonably calculated to cause extreme emotional distress in the plaintiff. He would have to show that he sought psychological help and his therapist would have to testify how the trauma effected him real badly and that nothing else in his life at the time (broken marriage, death of a loved one, puppy running away) occur ed which could have caused the sleepless nights, loss of appetite, suicide attempts, and seeking to purchase Cub season tickets.

Couldn't he argue that the Yankees were being extremely reckless by signing known roiders (or people they should have known were roiders) instead of having to show calculation?

DumpJerry
01-15-2008, 07:35 AM
Couldn't he argue that the Yankees were being extremely reckless by signing known roiders (or people they should have known were roiders) instead of having to show calculation?
Nope. He would have to show how that is reckless. That would be difficult to show since (if the Yankees want to admit to signing 'roiders) it was necessary to remain competitive and their fans want a competitive team.

Of course, the Yankees can deny they knew they were signing 'roiders since it has not been alleged by Mitchell or anyone else that the front office staff of any team was involved in the administration of the stuff to the players and it was not against MLB rules anyway.

He's gonna lose and his dog will run away out of embarrassment.

HomeFish
01-15-2008, 03:38 PM
They were being reckless because by signing known roiders (or people they should have known were roiders) they were creating a big risk that their fans would become heartbroken when the news broke.

I mean, obviously, he will lose. I'm not disputing that. I just happen to think that my frivolous argument is slightly better than his frivolous argument. :smile: