Fantasy Judgment Decision - Upholding a Commissioner's Authority

SUPREME COURT OF FANTASY JUDGMENT

Didn’t Hit Submit v. Commissioner of the League

ON PETITION FOR WRIT OF CERTIORARI FROM
A FANTASY FOOTBALL LEAGUE

Decided January 8, 2010
Cite as 1 F.J. 23 (Jan. 2010)

Factual Background

During the final week of this fantasy football league’s season, a team owner (hereinafter referred to as Didn’t Hit Submit (“DHS”)) made transactions and changes to his starting lineup prior to the weekly 1:00 PM deadline enforced by the league’s Commissioner. Based on the infrastructure of the league’s host website, the process for making lineup and roster changes requires manually switching players in and out, and then subsequently clicking “submit” on the following screen. DHS mistakenly failed to click “submit” on the following screen after he was finished making lineup changes.

DHS realized his mistake at approximately 1:40 PM, forty minutes after the set deadline when lineups are locked. DHS contacted the league’s Commissioner to inform him about this oversight and requested that the Commissioner utilize his authority to override the league website and insert DHS’s intended players into his lineup. Despite acknowledging that he understood and agreed with DHS’s intent, the Commissioner rejected this request and told DHS “Sorry, you’re out of luck even though the mistake was just a technicality.”

As a result of the Commissioner’s refusal to remedy DHS’s mistake, DHS lost his game during the final week of the season. Had DHS’s intended players been inserted into his starting lineup, he would have been victorious and finished in 3^rd place overall netting $453.00. Other placements in the final standings were affected as well due to the outcome of DHS’s game. Had DHS won and finished in 3^rd place, the Commissioner would not have finished in 6^th place and won $131.00. However, because DHS lost, the standings changed and the Commissioner did in fact finish in 6^th place winning the aforementioned prize of $131.00. Additionally, the 3^rd, 4^th and 5^th place teams all would have had different finishing positions which affected the amount of money they were awarded.

Procedural History

During the season, circumstances such as this happened on several occasions where teams would neglect to click “submit” after making lineup and roster changes. When this occurred, the Commissioner would correct the mistakes. At the mid-point of the 2009 NFL season, the Commissioner stopped making these corrections. According to the appellant, the Commissioner became annoyed with these happenings and declared:

“Even though it’s a minor bookkeeping effort for me, I will not do this anymore. If you fail to click the right button, even though your intent is obvious, you will lose the points.”

At the time the Commissioner amended the rule, DHS challenged it vigorously. Despite his protests, DHS did not quit the league nor was he offered a refund from the Commissioner for his buy-in fee. DHS argued that this decision goes against the ethics of fair play and that all of his hard work and time invested in the league was merely reduced to a missed mouse click. The Commissioner argued that “a rule’s a rule” and would not compromise.

Issues Presented

(1) Did the Commissioner have the right to amend the rule regarding the correction of lineup submissions in the middle of the season?

(2) Was it proper for the Commissioner to make his decision regarding DHS despite having a financial interest in the outcome?

(3) Should the Commissioner’s decision be overturned and change the landscape of the final standings for the league?

Decision

I. DID THE COMMISSIONER HAVE THE RIGHT TO AMEND THE RULE REGARDING THE CORRECTIONS OF LINEUP SUBMISSIONS IN THE MIDDLE OF THE SEASON?

When analyzing any issues that stem from rules created and enforced by a league commissioner, the first question this Court addresses is whether there was a league Constitution in affect for the season. Unfortunately for the subject fantasy football league, no Constitution was in place to govern the league.

In the event that no Constitution exists, it is fair to assume that the league’s commissioner has the ultimate say in how the league operates outside of the specific parameters and boundaries established by the league’s host website. Fantasy sports league commissioners have the unenviable task of managing, administering, and ruling on various issues that may arise during the course of a fantasy sports season. When no document is in place to help govern decisions that need to be made, it is quite difficult to hold parties accountable without violating rules of evidence and admitting hearsay statements into this Court. Because there is no other basis for the rules set forth in this fantasy football league, the statements provided by the appellant must be taken at face value and will be admissible for purposes of evidentiary statements.

Without a league Constitution, the Commissioner is essentially free to create and change rules as he pleases unless there is some sort of agreement in place where each league member votes on rule changes or decisions. That does not appear to be the case here. When the league members make payments for their buy-in fees in leagues that are not governed by a Constitution or other set of written rules, they are essentially acquiescing to the Commissioner’s power and authority to set and modify rules without a dissenting vote. When DHS challenged the Commissioner’s decision to stop permitting late lineup submissions at mid-season, he did not threaten to quit the league, nor did he ask for a refund of his buy-in. He continued to participate in the league, and, despite his vocal dissent, he implicitly accepted the Commissioner’s decision.

When the Commissioner made the in-season decision to stop allowing team owners’ mistakes and oversights to be corrected, he vowed that this would be effective from this point on. While the Commissioner had previously corrected teams’ mistakes and permitted late lineup submissions, he was doing so as a matter of good will and understanding despite the league rule that lineups are locked by 1:00 PM on game days. The Commissioner had the right to decide, in the best interests of the league, to compensate for people’s innocent mistakes when the intent was obvious. This sort of action is commendable. However, the Commissioner also had the right to stop doing so.

This Court acknowledges the implicit unfairness and inequity towards teams that did not reap the benefit of the Commissioner’s prior generosity, but rather faced the consequences of the Commissioner’s newfound steadfastness. DHS voiced objection and dissent towards the Commissioner’s about-face on this issue at the midway point of the season. This Court has no knowledge of any other team in the league voicing similar objections. Had multiple teams expressed concerns or disagreement with the Commissioner’s decision, then there may have been enough influence to convince the Commissioner to keep the status quo. When it is broken down to its simplest terms, the fact is that the league’s host website automatically locked lineups at 1:00 PM, thus not permitting any changes to be made by individual teams. The Commissioner has the authority and access to override the league’s host site and make changes to teams’ lineups retroactively after they have been locked. The Commissioner was under no obligation to allow teams to correct their own mistakes, but he did so at his own choosing. The Commissioner’s decision to stop doing this was also well within his authority. Additionally, regardless of the circumstances, technicalities and propensity for human error, it is every fantasy league team’s own personal responsibility to submit its lineup correctly. However, for future reference, it is always best to NOT drastically change things in mid-season unless an issue of first impression arises that requires a deviation from precedent.

II. WAS IT PROPER FOR THE COMMISSIONER TO MAKE HIS DECISION REGARDING DHS DESPITE HAVING A FINANCIAL INTEREST IN THE OUTCOME?

The Court recognizes that this issue goes right to the core of a fantasy league’s integrity. The Commissioner, while responsible for organizing, running and maintaining the league, also has a responsibility to manage his own team and seek success just like everyone else. In circumstances when the Commissioner must make a decision that either involves, impacts or affects his own team, the rest of league takes notice and heavily scrutinizes the entire process.

This is a prime example of why fantasy leagues need Constitutions to govern them. When a situation such as this arises, there should be certain modes of operation in place that describe how to handle it. Unfortunately, no Constitution exists in this league. As a result, the Commissioner was faced with a decision that had to be made timely and definitively. He did just that. However, he failed to see the bigger picture and recognize the perception the rest of the league could potentially have of him. It is this Court’s opinion that it was appropriate for the Commissioner to make this decision, but he may have sacrificed his and his league’s integrity by doing so.

Without a Constitution, the Commissioner must rely on precedent, common sense, and the best interests of the league when making critical decisions such as this. Since there were no safeguards or methods in place to handle an issue that involved the league’s Commissioner, he was faced with a situation that required imminent resolution. So, due to his mid-season proclamation that he would no longer correct innocent mistakes for lineup submissions, he established precedence and followed his own rules. As explained in Issue I. above, the Commissioner had the right to correct innocent mistakes, just as he had a right to stop doing so. Since he clearly established that he would no longer permit such a thing, he merely followed his own precedent and did not allow such a correction for DHS during the final week of the season.

It has to be assumed that the Commissioner was aware of the potential implications of DHS’s game and his own final placement in the standings and monetary awards. It could be argued that the Commissioner was motivated to not correct DHS’s mistake because it would financially benefit the Commissioner. In fact, this is likely what DHS and other league members assume. Whether that is true or not is a moot point. With no Constitution in place or any other formal method of protesting outside of everyone quitting the league and requesting refunds, there was no other way for the situation to be handled in such an expeditious manner. Perhaps the league could have sought an opinion from Fantasy Judgment on the date of the occurrence and ran concurrent games until a final decision had been reached. But that is neither here nor there. The Commissioner was left with no alternatives other than to make his decision. If the rest of the league strongly opposed this decision due to the Commissioner’s fiduciary breach, they could have taken a stand and demanded refunds. Such action would be the only way to truly impact the Commissioner’s thought process and decision-making. But that didn’t happen. The Commissioner, in his role as sole authority for the governance of the league, appropriately made a decision regardless of his team’s personal involvement. Whether other league members agreed with the decision is one thing – but there was no other choice but for the Commission to actually make the decision himself.

III. SHOULD THE COMMISSIONER’S DECISION BE OVERTURNED AND CHANGE THE LANDSCAPE OF THE FINAL STANDINGS FOR THE LEAGUE?

For the reasons stated above, the Commissioner was within his right to stop correcting lineup and roster mistakes. He also was within his right to make a decision on the issue even though his own team would be affected by that very decision. Despite all of this, there are several inherent problems with the way the Commissioner handled this situation. The decision itself, and the fact he made it himself, have proven to be quite unpopular amongst the league members. That is certainly understandable because fantasy sports participants are competitive and want to win while expecting their league to be run fairly, equitably, and with integrity.

This Court has previously held that game results, standings, and prize money should never be modified, overturned or changed unless there was an obvious scoring mistake by a stat server or proof of teams cheating or colluding. Here, neither of those circumstances exists. The Commissioner cannot be accused of cheating or committing fraud of any sort. He had nothing to do with DHS forgetting to click “submit.” He only became aware of the issue 40 minutes after lineups had locked and decided he wouldn’t correct it based on his mid-season proclamation. Whether you agree with the Commissioner’s decision or not, there is no basis to take such drastic measures and rewrite history. Therefore, the Commissioner’s decision is upheld and the league’s standings and payouts should not be changed.

In conclusion, the Commissioner’s decision stands and it was appropriate and necessary for him to make the actual decision in the best interests of the league.

IT IS SO ORDERED.

Michael A. Stein, Esq.

Owner and Chief Justice

michael.stein@fantasyjudgment.com

www.fantasyjudgment.com

When to End Your Fantasy Baseball Season

WHEN TO END YOUR FANTASY BASEBALL SEASON

By: Michael A. Stein
October 17, 2009

With the Major League Baseball playoffs well into their League Championship Series, most if not all fantasy baseball leagues have completed their 2009 seasons. I thought this would be a good time to address an issue that exists in all fantasy baseball leagues, but might be one you really haven’t given much thought to (unless you are an attentive league Commissioner). The issue with which I speak of is when to officially conclude your fantasy baseball regular season and begin its playoffs.

Of the four major sports, baseball allows the most flexibility towards the end of its season for teams to rest their players. With expanded rosters and limited teams in pennant races, there are several instances where star players (i.e., people on your fantasy team) are not getting regular playing time down the stretch. While that MLB team’s results don’t matter much to you, it sure as hell bothers you when your fantasy players are sitting on the bench 3 or 4 days a week for no reason. This has serious effects and consequences on fantasy baseball leagues. So what can be done to prevent this from having such an impact?

In the 11 years I have run my 18-team fantasy baseball league, I have always had three weeks of playoffs which include a Wild Card round, League Championship Series, and World Series. In order to combat the potential for teams to rest their players, or essentially nullify having quality players on either dominant or pitiful teams, I make sure that the World Series of my league concludes with at least two weeks remaining in the MLB season. It is very rare for a MLB team to clinch a playoff spot or a division with that much time remaining, so it is likely that most teams will still be putting their best players on the field.

If you have a large league like mine, you may be wondering how to work out your league’s schedule to ensure it is balanced and maintaining a competitive nature. My league has 6 divisions comprised of 3 teams each. As a result, I have 7 inter-divisional doubleheader weeks scheduled where teams play their other two division rivals in the same week. This keeps the league very competitive and exciting as these doubleheaders are spread out throughout the season, including two of the last three weeks. I also combine the truncated All-Star week with the following week’s worth of games for one extended scoring period. In this 11-game scoring period, I have each team play three out-of-division opponents for our annual tripleheader week. This tripleheader usually has significant impact on the league’s playoff races and makes it quite exciting down the stretch. Doing a schedule like this allows me to have every team play each out-of-division opponent once, plus 7 inter-divisional doubleheaders. I can then end my regular season early enough and have plenty of games for the regular season. This ensures that by playoff time, everyone’s players are presumably still playing competitive baseball and screwing anyone over in fantasy leagues.

And most importantly, if you are fortunate enough to have your favorite team in the playoff chase or actually in the playoffs, you can root for your team with no conflicts in your fantasy baseball league. I am a Mets’ fan so I don’t have much to worry about there.

2009 Fantasy Baseball Review

2009 FANTASY BASEBALL REVIEW

By: Michael A. Stein
October 4, 2009

The 2009 fantasy baseball season is over. Here is my breakdown and analysis of studs, stinkers, and 2010 sleepers at each offensive position.

FIRST BASE

Stud

Albert Pujols – I know I am really going out on a limb to praise King Albert and all of his greatness, but never more has praise been so deserved. Pujols had arguably the greatest season of his career, which is pretty remarkable considering his body of work since he entered the league in 2001. Before the season started, there were questions of who would protect him in the St. Louis lineup. The general consensus was that Pujols would be intentionally walked repeatedly because Ryan Ludwick did not strike fear into the hearts of pitchers. However, it didn’t matter whether Ludwick, Matt Holliday, Colby Rasmus or Vince Coleman was hitting behind Pujols. He still racked up 47 HR’s and 135 RBI. Oh, and he also hit .327, scored 124 runs, walked 115 times and ONLY struck out 64 times. At 29 years old, he is in his prime. However, I would argue that he has been in his prime since he was 21 years old. Please, please don’t reveal that Pujols has tested positive for any performance-enhancing drugs. He is by far the best player in the game, in both reality and fantasy. No question he is the #1 overall pick in any league next year. And I would go as far to say that he is the greatest pure hitter of all time, regardless of era, time period, drugs, size of stadiums, height of the mound, etc. I challenge anyone to find a player with better, more consistent offensive statistics over a 9 year period. Oh yeah, he also stole 16 bases this year and has become a Gold Glove first-baseman.

Stinker

Lance Berkman – Despite having several injuries and a depleted lineup around him, Berkman had a disappointing 2009 campaign. So did his entire team, which led to the recent firing of Houston’s manager Cecil Cooper. Berkman is a perennial .300, 30 HR, 100 RBI player. He did not achieve any of those statistics, much to the chagrin of fantasy owners who drafted him as a key cog to their respective teams. At his advanced baseball age with a slew of nagging injuries, Berkman can no longer be considered an elite option at 1B. That is not to say he isn’t capable of bouncing back next year in the friendly confines of Enron Field…errr, Minute Maid Park. But, buyer beware in 2010.

Sleeper

Joey Votto - So what is your definition of a sleeper? It is probably different than mine. That is why I am choosing Joey Votto for this category. I know, 2010 will be his 3rd year in the majors. I know, he has had 2 quite successful campaigns in both 2008 and 2009. I know, he was considered a rising star coming into this season. But, he lost significant time due to vertigo and mental issues. As a result, Votto was limited to only 131 games and 469 at bats. Look at his numbers in that truncated time - .322, 25 HR, 84 RBI. If he had another 25 games and 100 at bats, we are looking at 35 HR and 110 RBI. That places him in borderline elite status, especially hitting in the bandbox known as Great American Park. It is ironic that Votto is Canadian, trying to be the Great American Hero at Great American Park. Will his brain be ok for 2010? One can only hope, but if not, then blame Canada (hey, it worked for Kyle’s mom).

SECOND BASE

Stud

Aaron Hill - Seemingly coming out of nowhere, Hill emerged as a top fantasy 2B. He saw tremendous increases in production across the board, including a power surge that provided 36 HR and 108 RBI. Numbers like this seem Bret Boone-esque. And by that I mean it looks like he may have been juicing. Ok, he probably wasn't given the increased testing performed, but one has to wonder. In an otherwise dreadful year for the Blue Jays, Hill proved to be their best offensive player in a lineup filled with underachievers like Vernon Wells and Alex Rios. Hill played in 158 games and remained consistent throughout the year. He solidified himself as a top five 2B for 2010. Honorable mention goes to Ben Zobrist, Chase Utley, Ian Kinsler, Robinson Cano, Dustin Pedroia and Jose Lopez in a surprisingly deep position. Like Cher from Clueless said pink is the new red (yeah I did just quote Clueless), second base is the new third base.

Stinker

Brandon Phillips - You might be wondering how hitting 20 HR and driving in 98 RBI can be considered stinky, but allow me to explain. Phillips entered 2009 as arguably the best fantasy 2B in baseball with his power and speed hitting cleanup at Great American Park. Expectations were high after a couple highly productive seasons for this late bloomer. But, Phillips took a step back in 2009 with sub-par power numbers and a few injuries to boot. He will most likely rebound and be a valuable steal in the 3rd or 4th round next year, but he definitely did not "roll with the homeys" this year. And yes, I just quoted Clueless again.

Sleeper

Alberto Callaspo - I am just as shocked as you are that a Kansas City Royal is on this list. Callaspo, an Arizona cast-off, had a career year in KC and looks like he can has a bright future ahead of him. Playing in 155 games and getting his first chance as a regular, Callaspo didn't disappoint. He hit .300, had 11 HR, and 73 RBI. He also showed great plate discipline by walking more than he struck out. Given the depth at 2B for 2010, he will likely be off the radar on draft day. So sit back, let the others go, and grab Callaspo in the later rounds and reap the benefits. And by the way, bitch you are getting on the freeway! Ok I am done quoting Clueless.

THIRD BASE

Stud

Ryan Zimmerman - No, he didn't have the best numbers for third basemen in the league. But, when you consider that Zimmerman plays on such a terrible team in a large ballpark, then you can really appreciate how good he is. He bounced back from a down year in 2008 to hit .292, 33 HR and 108 RBI. He was well over .300 earlier in the year, but he remained relatively consistent throughout the season. He stayed healthy, played a great third base, and was one of the best with runners in scoring position. Even if you run the risk of being chided for drafting a National, do it anyway and take the Zimm in the 3rd round of your 2010 draft.

Stinker

David Wright - This should come as a surprise to no one. Wright, a top 10 overall pick in just about every league this year, had a terrible year despite a plus .300 average. His power numbers inexplicably exponentially dropped. I hope my use of double adverbs helped emphasize how bad he was. Wright, a perennial 25-30 HR player for several years, only managed 10 HR and 72 RBI. Being a Mets' fan, I watched every at bat of his. I also had him on my fantasy team. So before anyone tries making excuses, such as the size of Citi Field or the injuries to Reyes, Beltran and Delgado, you should know that had nothing to do with Wright's production. He consistently was at bat with runners on base and failed to drive them in. He abandoned his natural approach to hitting the opposite way and instead struck out at a furious pace. He'll probably bounce back nicely and put this horrendous season behind him, but there is no denying that something was wrong with Wright in 2009.

Sleeper

Pedro Sandoval – I have three words for you: Kung Fu Panda.

SHORTSTOP

Stud

Jason Bartlett - Rather than going with the obvious choices of Hanley Ramirez or Troy Tulowitzki, I thought I would give some props to Jason Bartlett. Bartlett, a throw-in in the Matt Garza/Delmon Young trade a couple years ago, came out of nowhere to dispel his "all glove, no stick" reputation. He hit .320, scored 90 runs and stole 30 bases. He also missed 30+ games due to injury, so he likely would have eclipsed 100 runs and 80 RBI had he played a full season. Hitting in a potent Tampa Bay lineup should give Bartlett every opportunity to repeat his performance in 2010.

Stinker

Jose Reyes - I admit that my allegiance to Mets makes me bitter towards Reyes for his own handling of his injuries, as well as the Mets' incompetent medical staff. Ok so maybe one needs to have played more than a quarter of a season to qualify for one of these awards, but Reyes is a deserved exception. He was a top 10 pick in just about all fantasy leagues in 2009 which left many people with a gaping hole in their lineups. But he wasn't even playing well before he was injured, and then turned a day-to-day calf injury into potentially an 18-month surgical procedure and absence. Others may have had down years, but no one was more of a disappointment than Reyes.

Sleeper

Alcides Escobar - Yet another quality prospect in the Milwaukee organization, Escobar was given a chance to play at the end of 2009. This was due to his potential, as well as J.J. Hardy's fall from grace. He produced good offensive numbers in his limited time, but all signs point to a budding star hitting in a lineup with Prince Fielder, Ryan Braun and Corey Hart. He will be hyped in the off-season, so others will be aware of him.

CATCHER

Stud

Joe Mauer – It is unreal what this guy has been able to accomplish while wearing the tools of ignorance and even being a capable defensive catcher. Mauer won his 3rd batting title and is the clear-cut favorite to win the A.L. MVP with his huge offensive output. Despite missing the first month of the season recovering from back surgery, Mauer showed no ill effects and had one of the greatest offensive seasons for a catcher in history. We already knew he was a great hitter given his previous batting averages, but this year Mauer developed his power shattering his previous career-high in homeruns. The Twins are smartly giving him plenty of games at DH to rest his body, but it is only a matter of time before Mauer starts learning a new position (can anyone say 3B???). He is clearly the first catcher taken and just may be a 1st round pick in any league format.

Stinker

Russell Martin – Talk about a fall from grace, Martin’s numbers have drastically dropped across the board since his breakout year in 2007. The once heralded catcher with a penchant for playing 140 games and stealing 20 bases has seen his batting average and power output plummet to Charlie O’Brien levels. He is not a top 10 catcher anymore, but he is still young enough where more rest can lead him back to .280, 15 HR and 75 RBI in 2010.

Sleeper

Josh Thole – If you are not a Mets’ fan, then you may asking who the F is that? Thole (pronounced like Thome, but with an L), earned a cup of coffee with the Mets in September and produced quite well. The 23-year old hit for average, drove in runs, and hardly struck out at all. He primarily played 1B in the minor leagues, but he has been groomed as a catcher since 2008 and will likely be the left-handed part of the Mets’ catching platoon in 2010. I also sat next to his family during Spring Training and heard his whole life story, so I am personally pulling for him to succeed. Take him in the last rounds of your draft and you will get as much production from him at catcher as if you grabbed John Baker or Chris Iannetta 5 rounds earlier.

OUTFIELD

Stud

Ryan Braun - Mazel tov to Braun for cementing his status as a legitimate fantasy stud. He may not be the greatest defensive outfielder in the league, but oye vay can he hit. He proved he was an all-around great hitter and not just a power hitter by amassing a .320 average and 200+ hits. Braun is arguably the top OF taken in 2010 and shows no signs of slowing down.

Stinker

B.J. Upton - I guess his renaissance in the 2008 playoffs was all for naught because Upton got off to a HORRENDOUS start to the 2009 season. He was hitting under the infamous Mendoza line well into May and never really got it going outside of one hit burst later in the year. The most alarming aspect of his statistics is not the paltry .241 average or pedestrian power numbers. He struck out 152 times compared to only 57 walks which is indicative of poor plate discipline and a bad approach. He has some serious work to do in the off-season as he is now the second best Upton in baseball. And Alfonso Soriano should send me a thank you note for not throwing him and his $100M contract under the bus for his hideous season.

Sleeper

Adam Jones - He started out en fuego (thanks Dan Patrick) in 2009 but faded down the stretch. That's ok for this young kid who has proven to be a 5 tool player and worth 3 healthy Erik Bedard's. Jones has great power potential and lots of speed in a respectable Baltimore lineup. He hit 2nd in the order for most of the season, but I suspect he will be a primary run producer along with Nick Markakis in 2010. Look for a .290, 25 HR and 90 RBI season from Jones.

Questions? Comments? Rude remarks? Shoot me an email at Michael.Stein@fantasyjudgment.com.

Every Fantasy League Needs a Constitution

Our Founding Fathers drafted a document we know today as the United States Constitution, which is considered to be the law of the land and home to our revered Bill of Rights. It was with tremendous foresight and creativity that George Washington, Thomas Jefferson, James Madison, et al. drafted this document to encompass just about anything and everything that required protection from tyranny and oppression.

Now, I am not trying to compare the American Revolution and ratification of the U.S. Constitution to fantasy sports (oh who am I kidding, yes I am). Fantasy sports is an activity that people participate in for entertainment, competition, and economic gain. In most cases, leagues are comprised of individuals who know each other. However, the opportunity is there for anyone to join a random league of unknowns as well. Within these leagues are latent and patent issues that arise throughout the course of a season – i.e., trade disputes, lineup deadlines, roster requirements, entry fees, prize money, transactions, etc. Most league commissioners rely on whichever fantasy sports host they use (CBS Sports, Yahoo, ESPN) to set the guidelines and parameters of the league. Despite that, there are dozens upon dozens of issues and rules that are left open for interpretation and fall squarely in the lap of the league commissioner to resolve. This is usually not a position the commissioner wants to be in.

A fantasy sports league commissioner most likely is also a league member and knows the people in his/her league on a personal level. So when a commissioner is confronted with an issue that requires a decision, someone will ultimately not be pleased and the commissioner’s integrity can be brought into question. So how can this be resolved? Look no further than George Washington, Thomas Jefferson, James Madison, et al.

A Constitution is an absolute must for competitive fantasy sports leagues that cost money to participate in. Delineating rules that apply to everyone and codifying them in writing is the best way for a commissioner to run a fair league, maintain impartiality, and cover one’s own ass.

I learned the hard way why a Constitution is necessary and beneficial. When I created my fantasy baseball league in 1999, I basically just emailed everyone what the points structure was for each stat category, roster and lineup requirements, and some general guidelines regarding transactions and trades. This worked until 2002 when I was confronted with a collusion scandal. One of the league members, who I was friends with since high school, was already eliminated from playoff contention. He began attempting to negotiate a deal with other league members to trade away his good players in exchange for receiving a share of the other team’s playoff money prize. How do I know this? Because that ass-clown did his negotiating on AOL Instant Messenger, and the people he was talking to were also my friends and had integrity. So they alerted me to this and I acted swiftly by kicking him out of the league (and I haven’t spoken a word to him since). For the following 2003 season, I drafted a Constitution which specifically included an Anti-Collusion Rule. The rule stated that once a team is mathematically eliminated from playoff contention, they are no longer allowed to make trades with other teams. I realize that some people have pride and still wanted to compete, but creating this rule prevented any potential collusion or questions about the fairness of a deal involving an eliminated team. This spawned an expanded set of rules taking into account things that happened during the year that were of first impression, such as how to handle a transaction for the team that owned Darryl Kile when he died.

Having a fluid Constitution that is continually amended when new issues arise helps maintain law and order in my league. I also have provisions regarding issues of first impression that are not accounted for, such as when C.C. Sabathia’s 1-hitter was protested in 2008 and the outcome of a fantasy playoff game could have been changed.

If you want any advice on how to draft a fantasy sports league Constitution or if you have any stories you would like to share about disputes that arise within your league, feel free to email me at Michael.Stein@fantasyjudgment.com. If I get a bunch of questions, I will post them along with my responses in my next article.

Rotisserie is Meant for Chicken

Any fantasy sports enthusiast owes a debt of gratitude to Daniel Okrent, a magazine editor who is credited with inventing Rotisserie League Baseball in 1980. The name is derived from a New York restaurant called La Rotisserie Francaise where Okrent and some colleagues would meet to participate in fantasy baseball’s infancy. Originally, the concept was where the league owners would draft Major League Baseball players and utilize their statistics to compile scores during the course of the season. And that was the birth of fantasy sports.

In the fantasy baseball world, there are generally two types of leagues you can participate in – Rotisserie (“Roto”) or Head-to-Head (“H2H”). While both are considered fantasy games, they are oceans apart when it comes to being close to baseball reality. And this is where I conclude my homage to Mr. Okrent and Rotisserie Baseball – your efforts are much appreciated.

In a Roto league, fantasy teams are ranked from first to last in each of several statistical categories, including, but not limited to: batting average, homeruns, RBI’s, runs scored, and stolen bases, wins, saves, ERA, strikeouts, and WHIP (walks + hits per inning pitched). Each fantasy team receives points in each category based on how they rank in the league. Each team's category points are totaled to determine their overall rotisserie score. Rotisserie standings reflect cumulative season stats and not any single-day accumulation of stats. Your rotisserie total may rise or fall from day-to-day depending on how your rank in each category was impacted by the addition of stats from the most recently completed day.

On the other hand, a H2H league has demarcated weeks which run from Monday – Sunday where players’ statistics for an unlimited number of categories is calculated based on a point value system. Teams play one on one against each other, and by the end of the week, the team with the higher accumulation of total points wins.

So why am I dumping all over Roto leagues? It is really quite simple – when Juan Pierre, Michael Bourn and Scott Podsednik are considered valuable fantasy baseball players, then something is seriously wrong. Because there are only a limited number of categories to win in a Roto league, people tend to hype up stolen bases and salivate over the players who provide them. In reality, Pierre, Bourn and Podsednik are marginal starters at best and more likely 4th outfielders. They have no extra-base power and have questionable plate discipline.

I have run an 18-team H2H fantasy baseball league since 1999. Each team has a roster of 22 players. That means that 396 players were drafted this year. Guess what…Pierre, Bourn and Podsednik remained on the waiver wire after the draft. That is because they have no value in a points league, which is more representative of a player’s worth and value than in a Roto league. Sure, Albert Pujols is the undisputed #1 pick in any format. But that is where the similarities end.

Another example of why H2H leagues are better because they are more representative of real baseball is batter strikeouts. In Roto leagues, there are no negative points. There is no accountability for players when they strikeout. In comparison, H2H leagues usually have a statistic for negative points when a player strikes out. So, players like Adam Dunn and Mark Reynolds have polar opposite values in Roto leagues compared to H2H leagues. In a Roto league, people only care about the 40+ homeruns that they hit. They may even be a 2nd or 3rd round draft pick. However, in a H2H league, their 200+ strikeouts could mean -200 points over the course of a season. In my league, a homerun is worth 5 points. If Dunn and Reynolds each hit 40 homeruns and strikeout 200 times, do the math – the net result is 0. That is much more representative of their own value within the ambit of Major League Baseball – free swinging sluggers who are all or nothing.

One last gripe about Roto leagues is that just about all of the fantasy baseball magazines and websites that exist are geared towards Roto leagues and values. I understand that Roto leagues came first, but there needs to be more consideration for H2H leagues. I cannot rely on magazines or websites to help evaluate players before I draft because the rankings don’t take into consideration all of the stat categories that are encompassed in a H2H league – batter strikeouts, caught stealing, multi-hit games, earned runs allowed, losses, blown saves, grand slams, cycles, no hitters, etc.

If you want your fantasy baseball experience to be more representative of real baseball, then try a H2H points league. You will find that your managerial experience is much more rewarding when you can evaluate players for what they really are as opposed to pigeon-holing yourself into five lame categories.

If you need any advice or assistance in resolving any issues within your fantasy league, please visit www.fantasyjudgment.com or email me at michael.stein@fantasyjudgment.com.

Old School Fantasy Football Issue

It is no secret that my love and passion for fantasy sports comes directly from my father. He started doing fantasy football back in 1979, well before fantasy sports became a mainstream form of entertainment and participation. My father still kicks himself today for not patenting or copywriting any of the methods, ideas and concepts he had several decades ago. But there was no way to know, back then, how popular, prominent and profitable fantasy sports would become.

One of the main reasons for fantasy sports rise to prominence and prosperity was the introduction of the Internet. With online access to vast amounts of information, fantasy sports participants can find out anything they want to know within a matter of seconds. Additionally, dozens of websites that host fantasy sports leagues provide statistical services where they automatically get feeds from the sports leagues with the stats from the games, insert them into databases, and generate points for teams based on each league's pre-set point value criteria. There is no need for anyone to calculate scores by hand or research game stats independently. We all take this for granted now.

So how did it work before the Internet came along? Quite simply, a fantasy league commissioner would have to research game stats from a newspaper boxscore and then transpose them onto a scoring sheet based on that league's point value system. I myself did this back in middle school and high school before the Internet provided such services. My father did this back in the 1980's as well.

The old school issue I am referencing today is from 1986 on a touchdown scored by Kevin Mack, former running back on the Cleveland Browns. My father's fantasy football league, called the Old Bridge International Football League ("OBIFL"), had a point scoring system where a 1-5 yard rushing touchdown was worth 5 points, and a 6-20 yard rushing touchdown was worth 10 points. Back in the 1980's, before DirecTV, the NFL Network, and satellites, it was commonplace to only watch local teams on TV. So no one in the OBIFL was able to watch the Cleveland Browns' game unless they played the Jets or Giants. According to the highlights of the Cleveland game, it was reported that Kevin Mack scored a 6-yard rushing touchdown. However, in the NY Times the next day, the boxscore revealed that Mack's touchdown was only from 5 yards. The discrepancy meant the difference in the result of the fantasy game that week. Without having the benefit of the Internet yet, the league member who owned Kevin Mack, along with my father, called the Cleveland Browns' team media contacts to research the issue further. It was revealed that the team calculated the touchdown as from 5 yards, just as the newspaper reported.

This just goes to show that these types of fantasy sports issues have existed for decades. The only difference is the technology and resources we have today to reconcile such issues. The need for dispute resolution, interpretation of league rules and precedent, and minor technicalities that make all the difference in a fantasy game were just as prevalent decades ago as they are today.

Fantasy Judgment - Written Opinion on Interpretation of a Rule

A New Hope v. On the Juice

ON PETITION FOR WRIT OF CERTIORARI FROM
THE OLD BRIDGE FANTASY BASEBALL LEAGUE

Decided September 5, 2009
Cite as 1 F.J. 4 (2009)

Factual Background
The week of August 31, 2009 – September 6, 2009 represents the Wild Card round of the playoffs in the Old Bridge Fantasy Baseball League (“OBFBL”). One of the matchups during this week is A New Hope, owned by Dan Strafford, versus On the Juice, owned by Jason Tuvel.

Grady Sizemore, the centerfielder for the Cleveland Indians, is a player owned by Mr. Strafford and in his starting lineup for the aforementioned playoff week. On Friday, September 4, 2009, it was reported on www.mlb.com that Sizemore’s season was over due to injuries and that he would be undergoing two separate operations – one on his left elbow and another on his left groin.[1]

At 6:51 PM on September 4, 2009, Strafford sent OBFBL Commissioner Mike Stein a text message referencing Sizemore’s season-ending injuries and inquiring whether he could use his one DL Substitution. Commissioner Stein replied that Mr. Strafford should wait and see if Sizemore is officially placed on the disabled list.

At 5:20 PM on September 5, 2009, Mr. Strafford authored an email to Commissioner Mike Stein, Co-Commissioner Ari Teplitz, and Strafford’s opponent, Jason Tuvel requesting that he be able to use his DL Substitution for Sizemore despite him not being officially placed on the disabled list. This email was sent within the requisite 24 hour period from which Sizemore’s injury was posted on www.mlb.com. This request for using a DL Substitution was also timely made in regard to the day of the week, as delineated in the OBFBL Constitution.

According to the 2009 OBFBL Constitution, the rules for the league are applied synonymously in the regular season and the playoffs. Additionally, there are procedures in place for issues such as this when they arise:

ARTICLE XV – APPLICATION OF RULES

A. The rules delineated in the Constitution shall apply equally to all league members and shall remain in full force and effect for the entirety of the season, which includes both the regular season and the playoffs.

B. Disputes.

1. Should there be a question or concern regarding the application of a rule or a decision made interpreting the rules, leagues members may contact the Commissioner and Co-Commissioner for clarification and explanation of a decision.

2. In the event a decision needs to be reached regarding an existing rule, the Commissioner, Co-Commissioner, and an additional original league member shall committee the issue and render a decision.

C. Issues of First Impression.

1. If an issue or event arises that is not accounted for in the Constitution, the Commissioner, Co-Commissioner and an additional original league member shall committee the issue and render a decision.

2. Under no circumstances shall any issue, dispute or concern be decided by a league-wide vote.

3. The decision reached by the Committee shall be accepted as final.

Since Dan Strafford is an original league member but is the same individual bringing forth this issue, he was disqualified from being included on this committee due to a conflict of interest. However, because the Commissioner and Co-Commissioner were unified in their decision, the need for a third committee member to break a tie was rendered moot.

Procedural History
The OBFBL Constitution contains the Droid DL Substitution Rule (c. 2008) which explicitly states:

ARTICLE VIII – THE DISABLED LIST

D. DROID DL SUBSTITUTION RULE
1. Each team is permitted two DL Substitutions during the regular season. Teams that make the playoffs will be given one DL Substitution regardless of how many were or were not used in the regular season.
2. DL Substitutions can be traded or acquired in exchange for players.
3. If a player in the starting lineup is placed on the DL, that team owner has 24 hours from the time he is placed on the DL to make a substitution.
4. Anyone utilizing a DL Substitution must email the Commissioner, Co-Commissioner, and his opponent(s) notifying them of the transaction.
5. In order to make a DL Substitution, you must have a player on your bench eligible to play at the position of the injured player. You cannot rearrange your lineup to make a DL Substitution.
6. DL Substitutions cannot be made after midnight on Saturday night/Sunday morning.
7. DL Substitutions are applied retroactively. If you utilize a DL Substitution, it will relate back to the first day of that week. Any points already accumulated by the injured player will be lost and all points accumulated by the replacement player will now count.

According to Commissioner Stein, the legislative intent behind the implementation of the DL Substitution Rule was to allow league members the opportunity to replace injured players mid-week without providing a distinct advantage or disadvantage to any team involved. The reasoning behind the requirement that a DL Substitution is only permissible when a player is officially placed on the disabled list is as follows:

1. It gives everyone in the league a clear demarcation of when the rule is to be applied.
2. It justifies the substitution because the injured player is no longer eligible to play the remainder of that week because of his status on the disabled list.
3. It provides resolution and finality for the teams involved as opposed to players with lingering injures who are listed as day-to-day yet are still eligible to play.
4. It promotes league owners to strategize whether to replace points already accumulated with the potential for more, or perhaps less, by the substituted player.
5. It allows teams a limited number of opportunities to overcome unforeseen and unfortunate instances where a player gets injured.

Since the inception of the Droid DL Substitution Rule, there have been two sets of circumstances where the Commissioner has vetoed an attempt to utilize a DL Substitution: 1) when a team tried to use a DL Substitution on a Sunday, which is not permitted; or 2) when a player was not officially placed on the disabled list.

During the playoffs in 2008, a league member attempted to use a DL Substitution when Carlos Quentin was injured but not placed on the disabled list. His prognosis was that he “could” miss the rest of that season.[2] As a result, he was not ruled out for the remainder of the year and was never placed on the disabled list. The reason he was not placed on the disabled list by the White Sox was because rosters were expanded due to September call-ups and there was no reason to clear a roster spot for Quentin at the time. This rationale also applies to the current issue as Sizemore was injured in the month of September as well.

Issue Presented
(1) Should a team be allowed to utilize a DL Substitution even though the injured player was not placed on MLB’s disabled list?

Decision
As important as it is to follow the language of the league’s Constitution and the rules set forth therein, it is equally as important to understand the theory and rationale that exist behind each rule. Each rule’s creation was spawned by some impetus that caused a need for guidance on a particular issue. And when these rules were spoken about, analyzed, drafted, written and executed, there existed a spirit and intent underlying each rule as a motivating factor to provide protective boundaries around the league.

It seems clear that the intent behind the DL Substitution Rule was that a player could only be subbed out when it was known and official that he would not return the rest of that week, or for a specified amount of time. Hence, being placed on MLB’s disabled list forbids a player from being active for at least 15 games.

Here, Grady Sizemore is clearly done for the season. He is scheduled to have two separate surgeries in the near future, including elbow surgery sometime during the week of September 7-14, 2009.[3] Team officials have confirmed his status as being done for the season as a result. This is distinctive from the Carlos Quentin injury in 2008 where his prognosis was not as final.

Additionally, the fact that Sizemore was not officially placed on the disabled list is indicative of the annual September call-ups and expanded rosters. There is no need or reason for the Cleveland Indians to disable Sizemore and activate someone else onto the roster. This is because they have already called up multiple players from their minor leagues to replace Sizemore.[4] Had this injury occurred in August, or any other month of baseball’s regular season, Sizemore surely would have been placed on the disabled list and the Indians would have recalled a player to take his spot on the roster.

When looking into what the “spirit” of the rule is, it was unanimously agreed that the purpose of the DL Substitution Rule was meant for instances such as this – when a league member unsuspectingly loses one of his players to injury and has no chance of accumulating any additional points by that player from that particular point in the week on. The construction of the rule and the manner in which it is written is technically silent on this particular issue of September injuries and expanded rosters. But based on precedent set in 2008, as well as the intent and purpose of the rule, it is evident that Grady Sizemore’s technical status is irrelevant when it comes to application of this rule.

In conclusion, as a means of fairness and equity, as well as this Court’s acknowledgement that it is inferring and interpreting the legislative intent behind language contained in the OBFBL Constitution, Mr. Strafford is hereby granted his DL Substitution – Carlos Guillen in for Grady Sizemore. Additionally, Mr. Strafford must immediately drop Grady Sizemore from his roster. He will not be able to replace Sizemore and must continue on with only 6 reserve players on his roster. This decision was reached in the best interest of the league.

IT IS SO ORDERED.

[1] See http://cleveland.indians.mlb.com/news/article.jsp?ymd=20090904&content_id=6793132&vkey=news_cle&fext=.jsp&c_id=cle.

[2] http://sports.espn.go.com/mlb/news/story?id=3571240

[3] “The elbow surgery will take place next week at the Cleveland Clinic and will be performed by team medical director Dr. Mark Schickendantz.” – from http://cleveland.indians.mlb.com/news/article.jsp?ymd=20090904&content_id=6793132&vkey=news_cle&fext=.jsp&c_id=cle

[4] The Indians “have Michael Brantley and the newly activated Trevor Crowe on hand to handle center field and the leadoff spot.” – from http://cleveland.indians.mlb.com/news/article.jsp?ymd=20090904&content_id=6793132&vkey=news_cle&fext=.jsp&c_id=cle