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| Catching 715 and 756 By: Keith Dobkowski, MLB News Writer A week ago Barry Bonds joined the likes of Babe Ruth and Hank Aaron in the 700 Homerun club. And Steven Williams and Timothy Murphy joined the likes of Alex Popov and Patrick Hayashi in the homerun ball lawsuit club. That’s right. Another milestone homerun followed by another lawsuit defining possession. And unlike number 73, I have personal connections to number 700. Before and during law school I completed research for an antitrust and civil litigation attorney who was contacted by Murphy for representation over number 700. As a favor to this attorney, I completed research and provided my honest opinion about the veracity of the suit. My findings based off a combination of Hayashi/Popov suit, old British Whaling and Fox Hunting cases, the rules of baseball, and common sense dollars led me to recommend that this attorney say no to the representation offer. And while another attorney did say yes to Murphy and his claim of possession as the ball was firmly trapped under his leg, I find myself returning to the very roots of legalball.com by explaining the law as it affects us, the fans. Together we have explored civil battery on the football field, antitrust matters in the NFL, insurance premiums limiting payroll in Major League Baseball and several other issues affecting the sports we love. So as I complete my first year of sports writing and enter the veteran ranks, what better topic could there be then to explain the law surrounding my personal favorite ballplayer Barry Bonds, as he surpasses Babe Ruth and Hank Aaron. And what better way could there be to celebrate my first year than to explain the nuances of winning the baseball lottery, better known as catching 715 and 756. The craze over baseball memorabilia has been growing for several years. However, it was not until Mark McGuire and Sammy Sosa entered the homerun record chase of 1998 that the absurdity of paying three million for a baseball became reality. McGuire’s 70th homerun ball fetched just that. That buyer, who obviously has plenty of disposable income, purchased Sosa’s 66th and three years later, Bonds’ 73rd. Most know the famous story behind Bonds’ 73rd where one fan, Popov claimed to have caught the ball only to have a scrum knock the ball free from his mitt and eventually into the lucky hands of Hayashi. The case that followed appeared simple on its face: did Popov gain possession of the ball? A yes makes it Popov’s ball and a no would make it Hayashi’s. Actually the law based off old British cases regarding the harpooning of whales, states that it is one person or the others. If your Harpoon sticks it is yours, but if you hit the whale and the Harpoon falls out, it’s a free whale. However, in the Popov/Hayashi case, the judge took the easy way out claiming that both men had equal claims of possession and therefore the ball should be sold and the profits split. The moral of the story became simple as both men spent more in attorney’s fees than the ball sold for. And yet here we are again, another ball, another lawsuit. More shocking with 700 is that the media more than anything else created the hype. 700 is a wonderful milestone but is it the same as passing Willie Mays with 661. Or next year as Bonds passes the Babe with 715. Recall the celebration when Cal Ripkin played in 2131st game. Not much of a celebration for 2000 though. And who could forget the greatest speech in sports as Ricky Henderson broke Lou Brock’s stelen base record and proclaimed himself the “greatest ever.” Ricky did not give a speech at 100 stolen bags though. So how much is this ball worth? McGuire’s record ball fetched three million. Bonds’ 73rd sold for nearly one half million. Bonds’ 600th sold for about $50,000. With already three lawsuits, four attorneys and several more claims on the way, quick math at $250 per hour means that if number 700 is worth $100,000, the ball is really worth about 400 billable hours or about two and a half weeks per attorney. Furthermore, Bonds has already hit 701, 702 and 703. Thinking that each is greater, why not greater value on each ascending homer. Point being that number 700 will continue to depreciate especially as Bonds reaches 715 and 756. And what happens when Bonds passes the Babe and the Hammer? Some have called for a referendum stating that the ball belongs to Major League Baseball and must be returned. Others believe that it should become property of the city in which it was hit. How about returning the ball to Bonds? With baseball’s desire to always fight for the status quo, see the rule on steroids, most likely nothing will change by next May as Bonds passes the Babe or the following April as he sets the all- time record. The best advice is to bring a mitt, a video camera to document the possession, a posse and finally a notarized agreement with each member of the posse. |
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