Blog Entry

Miami Marlins being inexplicably sued

Posted on: February 23, 2012 10:56 am
 
By Matt Snyder

Hey everybody, it's frivolous lawsuit time!

Apparently, back in February of 2008, there was some sort of awards banquet with an auction in Miami. Marlins president David Samson -- who doesn't own the team, mind you -- said the first item up for bid was the Marlins and he'd sell them for $10 million, seemingly as a joke. And a man said he'd bid the $10 million, which was surely seen by everyone in attendance as furthering the joke.

Instead, Omeranz and Landsma Corporation in Florida is now suing the Marlins, believing it bought the Marlins for $10 million and that the Marlins have breached contract. Seriously, here's the court filing PDF, via Sportinlaw.com.

Too many things annoy me about this. First of all, I understand it takes time to file lawsuits, but it's quite the coincidence that the lawsuit is filed now that the Marlins have their new home, a shiny new payroll -- with new free agents Jose Reyes, Heath Bell and Mark Buehrle -- a high-profile manager (Ozzie Guillen) and some solid young up-and-comers (Mike Stanton, Logan Morrison, etc.). Why wasn't this filed in 2010? It took more than two years to put together this case, when a nine-figure profit hangs in the balance (if the plaintiffs win the Marlins)?

It seems rather obvious the main intent is to get the Marlins to pay a lump sum settlement to make this go away as quickly as possible. Here's hoping Jeffrey Loria (the Marlins actual owner) refuses to do so and the court just throws this thing out. Not to get all preachy, but we don't need to start suing companies over jokes, especially when the person making the joke doesn't have the right to sell.

Hat-tip: Sun-Sentinel.com

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Comments

Since: Aug 20, 2006
Posted on: February 23, 2012 1:48 pm
 

Miami Marlins being inexplicably sued

Sounds legit just like everything about the Florida...ERR Miami Marlins MLB darlings franchise. The cost of all the silly litigation in this country is killing it.  Suing companies over jokes...I can see the tv adds now. Cal 1-800-HAHA & a lawyer will take your case for free!!    



Since: Oct 19, 2007
Posted on: February 23, 2012 1:38 pm
 

Miami Marlins being inexplicably sued

Reminds me of Lohan lawsuit suing for emotional distress when Pitbull mentioned her jail time in his song. As rediculous as it can get. You can sue anyone you want, but if the guy does not have the right to sell the team, what are you hoping to achieve? This suit will get thrown out before it ever sees the jury. Utterly rediculous. 

She needs all the publicity she can get these days so she was an idiot to sue.  But it just goes to show you how petty stars are.  Now we have a lady (successfully in civil court) actually sue Honda (I believe) and win $10,000 because her car didn't get 50 mph!  

How in the world would someone really think that they could buy a major league franchise for only $10 million dollars?  I wonder how long this one gets dragged out for. 



Since: Sep 6, 2006
Posted on: February 23, 2012 1:31 pm
 

Miami Marlins being inexplicably sued

There's a counterclaim that comes to mind for the Marlins: Abuse of process.  I am not a fan of what the Marlins are these days (read: they're really annoyingly flashy), and still I hope the judge makes these morons pay all the Marlins' attorneys fees and costs.  There should even be some sort of civil contempt fine for filing this garbage.  Followed a national boycott of whatever crap this Omeranz and Landsma company sells.



Since: Jul 9, 2009
Posted on: February 23, 2012 1:22 pm
 

Miami Marlins being inexplicably sued

The Florida statue of limitations must really suck. It's ridiculous that someone could have three years to file a lawsuit.
Depends on what kind of suit it is, steve.  Where I come from, I think you generally have six years to sue on a contract but only two to sue for an accident, say.  Or, depending on what state you live in, you might have 20 or 30 years to sue for a priest raping you.  (That's 20 or 30 years from when you turn 18, by the way, if it happened when you were much younger.)  I express no opinion on the reasonableness of any of these.



Since: Dec 17, 2011
Posted on: February 23, 2012 1:21 pm
 

Miami Marlins being inexplicably sued

Reminds me of Lohan lawsuit suing for emotional distress when Pitbull mentioned her jail time in his song. As rediculous as it can get. You can sue anyone you want, but if the guy does not have the right to sell the team, what are you hoping to achieve? This suit will get thrown out before it ever sees the jury. Utterly rediculous.



Since: Sep 19, 2011
Posted on: February 23, 2012 1:21 pm
 

Miami Marlins being inexplicably sued

There is no doubt that this is absurd. This man should have to pay for Jeffrey Loria's high priced lawyers and all the court fees associated with this waste of time!
I agree that the man should have to pay all of Loria's legal cost, there have to be a reason why he believe that he own the Marlins. If he had any common sense he would know that Samson can't sell something he don't own, I also hope that Loria's fight this lawsuit



Since: Jul 29, 2009
Posted on: February 23, 2012 1:21 pm
 

Miami Marlins being inexplicably sued

The Marlins can file a countersuit once this garbage gets thrown out.




Since: May 25, 2009
Posted on: February 23, 2012 12:54 pm
 

Miami Marlins being inexplicably sued

The Florida statue of limitations must really suck. It's ridiculous that someone could have three years to file a lawsuit. That's just plain wrong.



Since: Jun 25, 2009
Posted on: February 23, 2012 12:48 pm
 

Miami Marlins being inexplicably sued

The judge finds in favor of the plaintiff.  But, instead of awarding the $15K the plaintiff is asking for, the judgment is such that the plaintiff must produce a certified check,  order, or cash value of the $10M selling price - by the close of the business day.  Otherwise, the plaintiff forfeits - based upon his lack of actual ability to complete the deal - all rights to the Marlins.

Even some of the wealthiest people out there can't produce a certified check for 10 million dollars the same day they are asked for it. They have their money tied up in businesses, investments all over the planet, a judge would always give a person some time to come up with the money.

And for the record although I have squat for cash, tell me today I have a couple weeks to come up with 10 million dollars and the Marlins would be mine and trust me, I'll find the investors in no time at all.   And if you're creative at all, so would you and anybody else reading this.  



Since: Nov 20, 2009
Posted on: February 23, 2012 12:48 pm
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