Today In Unnecessary Lawsuits

When I was a kid, I thought that the term “lawsuit” referred to the robes that judges would wear in courtroom scenes on television.

Today, we learn from Sport In Law via HardBall Talk that there exist some fully grown and developed individuals on this planet whose understanding of what constitutes a lawsuit isn’t a whole lot more developed than my childish definition.

Omeranz & Landsma Corporation is suing the Miami Marlins Baseball Club, claiming it bought the team at a public auction in 2008. The plaintiff claims it attended the Fourth Annual Awards Banquet at Diplomat County Club and Spa in Hallandale Beach, Florida on February 8th 2008. Allegedly, a major component of the banquet was an auction. David Samson, President of the now Miami Marlins (it was the Florida Marlins at that point-in-time), was the auctioneer at the event. According to the suit, the Marlins were offered for sale with bids starting at ten million dollars. Omeranz & Landsma claim they made the only bid and a bidding contract was created.

I don’t think I’m reading too much into things by assuming that the auctioning off of the Marlins was done in jest. I just hope that common sense can prevail and the no-humoured opportunists suing the baseball team don’t profit from their actions at all.

Comments (6)

  1. Frivolous lawsuits usually get thrown out of court rather quickly. Well, they do in Canada at least, with penalties to the party bringing the frivolous suit. U.S. courts are a different animal entirely.

  2. This is not a frivolous claim. It is absolutely legitimate. if you want to call the plantiff opportunistic, sure, but the guy has a case.

    Samson “jest” is a serious fuck up. he would be in a better position if he had started the bid @ $1 or some other silly amount. ten million is an absolutely reasonable opening bid for such a property. this gives the plaintiff a lot of credibility in the good faith department.

    the other side of the story is that of legal precedence. the judge has to deal with a very serious question that could affect every other auction in the state. if he rules for the Marlins he risks a flood of claims by auction houses (who let’s say didn’t get the price they wanted, or only had one bidder) saying that it was a joke.

    listen Jack, this is the united states of america we talking about, items there are bought and sold there, they take contract law very seriously.

    will he get the team, perhaps if the stars perfectly align with the right hawkish judges for each trial and appeal, but the Marlins are in deep on this.

    book it!

    • There would be a legal precedent set if a judge ruled for the Marlins but precedents can be distinguished from future cases if the facts don’t match. This will not set off claims by auction houses. No reasonable judge would rule that the situations are similar and that a precedent from the Marlins’ auction would apply to auction houses.

      And yes, this is a frivolous claim. In contract law, there has to be an offer and acceptance. I’m sure the plaintiffs believed they accepted an offer, but no valid offer was made. The law is usually based on the reasonable person. Would a reasonable person believe Samson actually made an offer to sell the team? No, and that’s why this suit is frivolous. The Marlins will likely file a motion to dismiss this suit as a frivolous claim and this will be over.

  3. If it was anybody else being sued I’d agree with you…

    But this is Jeff Loria! Screw him!! Sueeeee away!!!

  4. Last I checked there can be “reserves” on auctions even when the bids start below that #. If that # is not reached the item stays with its current owner.

    Also it was the president auctioning it off and The Marlins can easily say “Loria did not approve of us auctioning it off and since he is the owner it is an illegal sale.”

    Bottom line is this is going to be tossed out quick maybe will a bit of money going to the plaintiffs. Basically I just think these guys are trying to make a quick buck now that the team is looking to make quite a bit more money. If they actually thought they could own the team this suit would’ve been filed in 2008.

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