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
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
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