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: Jul 9, 2009
Posted on: February 23, 2012 12:47 pm
 

Miami Marlins being inexplicably sued

the judgment is such that the plaintiff must produce a certified check, money 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.
Trust me, in the remote likelihood that the Plaintiffs were to win, they'd have no trouble raising 10 million very fast to get a business worth many times that--particularly if they offer the money source a substantial piece of the action.  And if not, the plaintiffs could probably appeal, since most court judgments must give the parties a reasonable opportunity to comply, which your hypothetical wouldn't.

I assume the plaintiffs are contending that while the president of the team may not have been the actual owner, he may have had "apparent" authority to sell it in that context.  Of course, the Plaintiffs would probably lose on that, and I don't know that they'd win even if apparent authority were found, but it's fun to think about.  And it's also fun to wonder whether the Plaintiffs' attorney is handling the case on a contingency fee basis, or on hourly.  If we knew that, we'd have a better idea which one was the more fool: him, or his clients. 

And I'm sure it's the last time that anyone in Marlins' management will make such a careless offer to sell the team, even as a joke.  Some people listening to "jokes" don't have a very good sense of humor. 



Since: Oct 28, 2009
Posted on: February 23, 2012 12:27 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!



Since: Jan 4, 2007
Posted on: February 23, 2012 12:21 pm
 

Miami Marlins being inexplicably sued

To quote Bill the Butcher from Gangs of New York....I hope someone "buries him in a pool of his own blood"

Scumbags like this walk the Earth and make more money then us honest, decent people. Sickening!



Since: Sep 28, 2010
Posted on: February 23, 2012 12:14 pm
 

Miami Marlins being inexplicably sued

When life hands you lemons..... file a frivolous lawsuit and get PAID! This is ridiculous



Since: Sep 25, 2006
Posted on: February 23, 2012 12:09 pm
 

Miami Marlins being inexplicably sued

I don't know if it's possible, but here's what I would love to see happen...

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, money 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.



Since: May 25, 2007
Posted on: February 23, 2012 12:04 pm
 

Miami Marlins being inexplicably sued

I know this is just another stupid lawsuit but in some pro sports ownership arrangements, the team president would have the authority to sell the team. I hope this is not the case here but stranger things have happened. And it does not just happen in Miami. This kind of crap goes on everywhere.



Since: Oct 25, 2011
Posted on: February 23, 2012 12:03 pm
 

Miami Marlins being inexplicably sued

ok.. we all know this is a silly lawsuit... BUT, would it not be some serious comedy if he won?  What a cluster that would be.... before you reply and talk about how impossible it is and how it would not happen (i get that)... just appreciate the humor if it did! 



Since: Jun 25, 2009
Posted on: February 23, 2012 11:55 am
 

Miami Marlins being inexplicably sued

It's exactly this kind of junk lawsuit that is killing  in this country. So now the Marlins will have to retain an attorney to deal with this in some shape or form. Any crackpot can hire an attorney and claim anything against anyone and that poor unfortunate being sued has to ante up legally to fend off the lawsuit. It's killings the medical communutiy and making it more profitable to locate businesses overseas to escape this madness.

Don't worry about the Marlins.  Yes, this is a stupid case and they shouldn't have to deal with this but they aren't really "retaining" any lawyers.  The Marlins, like every other huge corporation out there already have lawyers on their payroll and ready to work at any given time.  This isn't an O.J Simpson case where a guy hires outside hotshot attorneys for millions of dollars.  This is more of a pain in the ass then anything else.... it'll go away.  Either the judge will throw it out of court and it goes away, or the Marlins will settle out of court and it goes away.

Either way, it goes away. 



Since: Jun 25, 2009
Posted on: February 23, 2012 11:51 am
 

Miami Marlins being inexplicably sued

This is the kind of stupid crap that people are always trying to pull in Miami

It has nothing to do with Miami. I live in a city in Canada with a population of 200 thousand people and it happens here all the time. My dentist got sued by a tenant a while back for noise pollution.  You wanna know what the noise was?  My dentist was providing her tenant that rents from her a brand new porch out of her own pocket !!!!!!   My dentist had a choice. Settle out of court for 5 thousand dollars plus a couple grand in lowers fees or spend up to 30 thousand dollars "winning" in court. 

She chose to spend the 5 grand.   This kind of crap happens all the time.  Lucky for the Marlins the guy making the joke wasn't authorized to sell or this would be a slam dunk out of court settlement for big money for the plaintiff.  And even now I wouldn't be surprised if they settle out of court and hand over a few million dollars.  



Since: Jun 5, 2011
Posted on: February 23, 2012 11:39 am
 

Miami Marlins being inexplicably sued

I didn't figure the Miami circus would include such a story, but, with spring training beginning, this is actually a great kick-off to a season that should have as much excitement off the field as on the field.  I will continue to follow Miami till interesting turns to silly, which should be till the all-star break.


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