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Notre Dame Law School students explore baseball arbitration

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BY STEVE KRAH

http://www.IndianaRBI.com

What’s a player in Major League Baseball worth?

The player’s side has one figure in mind.

The club side presents another number.

To decide who wins, it sometimes comes down to a third party — an arbitrator.

Thanks to Professor of Law Emeritus Ed Edmonds, University of Notre Dame Law School students get a taste for this process with an internal tournament in the fall and by sending a team to the Tulane International Baseball Arbitration Competition at Tulane University in New Orleans in January.

The 2020 contest was the 13th for the TIBAC, run by the Tulane Sports Law Society as a simulated salary arbitration competition modeled closely on the procedures used by MLB.

According to the Tulane Law School website, “Like most law school moot court competitions, TIBAC’s main goal is to provide participants with the opportunity to sharpen their oral and written advocacy skills.

“However, the competition is unique in that it allows law students to sharpen these skills within the specialized context of MLB’s salary arbitration proceedings.

“The competition is held annually in the early part of the spring academic semester at Tulane University Law School.

“Additionally, at the conclusion of the arbitration competition, Tulane’s Sports Law Society hosts a panel of experts to discuss legal issues related to baseball.”

The popular event usually has a waitlist.

About a decade ago, Edmonds got Notre Dame involved in the TIBAC. For the past five years, there has been an internal contest at Notre Dame.

“We tend have about 12 to 15 students per class that have a very, very strong interest in sports law,” says Edmonds, advisor to Notre Dame Law School’s Sports Communication & Entertainment Law Forum — the student organization that sponsors the internal competition and those that attend the TIBAC. “About three quarters of them were a college athlete or work experience in the sports area. (The internal competition and application) is a much more objective way of picking our team members.”

Edmonds has been doing research on baseball arbitration since the 1980s and co-authored with Frank G. Houdek the book “Baseball Meets the Law: A Chronology of Decisions, Statutes and Other Legal Events” (published by McFarland & Co., 2017).

During the internal arbitration competition, Edmonds advises two-person teams to develop a theme and follow it throughout the whole argument.

Edmonds says he hopes that the Notre Dame Law School, Mendoza College of Business and athletic department will be able to work closer in the future.

Representing Notre Dame at Tulane this time around were team members Kevin Francese, Sebastian Bellm and Ryne Quinlan and coach Elizabeth Lombard.

Francese and Lombard are in their third year of law school (3L). Bellm and Quinlan are in their first year (1L).

Bellm and Quinlan teamed up to win Notre Dame’s internal competition, which centered around former Fighting Irish player and current Baltimore Orioles right fielder Trey Mancini and required the player side argue a penny above the mid-point and the club side a penny below the mid-point to win the argument, besting Francese and Paige Carey in the finals. Francese, Bellm and Quinlan applied and were chosen by Lombard to go to Tulane.

With three rounds, the field was trimmed from 31 to eight on the first day and those eight advanced to the second day. Fordham University won its second straight title. Notre Dame was runner-up in 2019 (team members John Casey, Dominique Fry and Reid Fulkerson were coached by Stephen Scheffel).

The three players featured at the 2020 IBAC were New York Yankees right fielder Aaron Judge, Colorado Rockies right-handed starting pitcher Jon Gray and Milwaukee Brewers lefty closer Josh Hader.

Notre Dame was assigned to argue on the player side for Judge, the club side for Hader and had to be prepared on both sides of the argument for Gray.

TIBAC teams were required to produce exhibit slides and share them with competing teams.

Going before a judge and head-to-head with another team, they argued using a mid-point salary figure for each player.

First came the player argument then the team argument followed by the player rebuttal and team rebuttal. Two people had to talk during each argument. Points were assigned in each round.

Areas considered in the arguments included career contributions, injuries, past compensation, club attendance, team appeal and comparable players aka “comps.”

For Gray, who had a mid-point of $5.4 million, it was New York Mets righty starter Michael Wacha, Atlanta Braves righty starter Mike Foltynewicz and Texas Rangers lefty starter Mike Minor.

Lombard, a Chicago Cubs fan from the Chicago suburb of Western Springs, Ill., has been involved in baseball arbitration competition in all three years of law school. As a 1L, she was a team member. As a 2L, she ran the on-campus tournament and was an assistant coach. As a 3L, she ran the tournament, selected the team and went to Tulane as coach.

“This is unique for law school,” says Lombard. “It’s a non-confrontational way of arguing.”

There were several practice sessions with interruptions just like during the competition. Even law school students not involved were asked for their input.

While she could not get too involved, Lombard was able to help team members craft their arguments and edit their 10-page briefs. There were mock trial sessions at Notre Dame.

After the mental exhaustion of law school finals, much of the preparation happened during Christmas break.

TIBAC prizes were on the line for written presentations due in late December and oral presentations given in January.

“It was a really great experience,” says Lombard, who has a position in the general practice group at Sullivan & Cromwell LLP in New York waiting on her after law school. “You don’t have to work in baseball for it to be an asset to you.

“You get to learn about another area of the law. You’re exploring salary arbitration and get to hone general negotiation skills.”

Guests at Tulane have included people like past TIBAC finalist Greg Dreyfuss (Director of Analytics and Baseball Operations for the MLBPA) and former Notre Dame baseball player Matt Nussbaum (Deputy General Counsel for the MLBPA and son of Midwest League president Dick Nussbaum).

“It’s super cool to be able to talk to people in the industry who are interested in our success,” says Lombard.

She nows looks at the game in a different way.

“My love for baseball has totally transformed,” says Lombard. “Now I feel I can talk with the best of them. It’s not only back of the baseball card, but advanced statistics.”

Lombard notes that the baseball player market has blown up and its sometimes difficult to value them.

“You get once or twice in a lifetime players,” says Lombard. “(Players rank) somewhere between (new Los Angeles Dodgers right fielder) Mookie Betts and someone else.”

Francese came to ND from Chappaqua, N.Y., which is 30 miles north of New York City. This was his first time in baseball arbitration competition. He pulls for the New York Yankees.

“We were assigned the player side of Aaron Judge, which is great because I’m a Yankee fan,” says Francese. “I had to talk up Aaron Judge, not talk him down. I don’t know how we didn’t win our Aaron Judge argument.

“I do play fantasy baseball. I don’t take (Boston) Red Sox as a policy.”

Bellm, another Cubs fan who moved with his family to Mishawaka, Ind., in 2008 and graduated from Marian High School in 2011. He graduated from St. Bonaventure (N.Y.) University with an accounting and finance degree in 2016. He lived in Chicago for three years before law school.

“This is different than anything I’ve done before,” says Bellm. “I’ve always been a baseball fan. But I had to dig into a deeper level.

“It was also nice change of pace from regular law school.”

Competitors get no extra credit and do the work on their own time.

Bellm notes that baseball salary arbitration is a niche area of the law and there might be 50 lawyers in the country who specialize in it and 20 or so of them attend the TIABC as guest judges.

“Jobs (for lawyers in baseball arbitration) are few and far between,” says Francese. “It’s not a wide spread thing. Certain people in big law firms do it.

“I hope to get back into sports law at some point in my career.”

He says he hopes to stay involved with the competitions throughout his time in law school.

Bellm notes that studying for Mancini’s case was helped by his position.

“With more outfielders, there’s more comps,” says Bellm.

It’s easier to compare corner outfielders than a second baseman to a shortstop.

While competitors had to be versed in the player and club sides, Bellm says the argument was stronger on the player side for Mancini, who was coming off a strong platform year (the season before arbitration). It’s their most-recent performance.

Mancini had a solid rookie year, a sophomore slump then had a uptick in his platform year. Those arguing for the player would emphasize his improvement. On the club side, they would point out a lack of consistency.

“It’s one of the most important factors considered in the Collective Bargaining Agreement (between the 30 MLB clubs and the MLBPA),” says Bellm of the platform year.

To make the competition more realistic, only real arbitration-eligible players are used. If a player’s real case is settled prior to the competition, that information can’t be used.

Edmonds says in most years 150 to 170 MLB players are arbitration-eligible, but few of those go to hearings.

For the record, Judge and the Yankees avoided arbitration and the club agreed to pay him $8.5 million. His 2019 salary was $684,300.

Gray and the Rockies reached an agreement and avoided arbitration. His salary went from $2.925 million in 2019 to $5.6 million in 2020.

Hader lost his arbitration case. He requested $6.4 million. He was given $4.1 million.

Mancini and the Orioles avoided arbitration. He earned 575,500 in 2019 and signed for $4.75 million in 2020.

Quinlan is from the Chicago suburb of Algonquin, Ill. He received a undergraduate and master’s accounting degrees from Notre Dame in 2016 and 2017. He serves in the U.S. Army National Guard.

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Repesenting Notre Dame Law School at the 2020 Tulane International Baseball Arbitration Competition (from left): team members Kevin Fracense, Sebastian Bellm and Ryne Quinlan and coach Elizabeth Lombard.

Griffith grad Hoese pacing Tulane, NCAA D-I in home runs

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BY STEVE KRAH

http://www.IndianaRBI.com

A northwest Indiana native playing in the Deep South has belted the ball out of the ballpark more than anyone in NCAA Division I baseball so far in 2019.

But Kody Hoese, who has 21 dingers for Tulane University in New Orleans, does not consider himself a home run hitter.

“I’m a gap-to-gap guy,” says Hoese, a righty swinger from Griffith, Ind. “I focus on hitting the ball hard.”

Hoese, who heads into an American Athletic Conference Friday-Saturday-Sunday series against East Carolina in Greenville, N.C., hitting .417 with the 21 homers, 15 doubles, 52 runs batted in and a .881 slugging average in 40 contests, says he worries more about the process than the results.

In 2018, Hoese was usually in the No. 3 or No. 4 slot in head coach Travis Jewett’s Green Wave lineup, and hit .291 with five homers, 13 doubles, 34 RBIs and slugged .435 in 58 games and was selected in the 35th round of the 2018 Major League Baseball First-Year Player Draft by the Kansas City Royals, but opted to go back to Tulane.

He chose the school because of the coaching staff and the warm climate.

“Going down South has benefitted me,” says Hoese, 21. “I can do all the little things outdoors, like seeing live pitching. It’s helped me a lot.”

Jewett is in his third season in charge at Tulane (26-14 overall, 8-3 The American) after assistant stints at Gonzaga, Washington, Washington State, Arizona State and Vanderbilt. He led the hitters at Vandy and he does the same with the Green Wave.

“When it comes to hitting, he’s a pretty open guy,” says Hoese of Jewett. “He let’s us do our own thing and I respect that a lot.

“He let’s us play to your strengths. He let’s hitters figure out their swings and what their abilities are in their swings.”

With a similar build to Chicago Cubs third baseman Kris Bryant, the the 6-foot-4, 200-pound Hoese also sees that the big leaguer also uses long leverage swings to create power.

That power once launched a homer that went over the left field scoreboard at Greer Field at Turchin Stadium — a shot estimated at least 460 feet.

He has a three-homer game against Lamar.

Hoese, who finds himself on midseason watch lists for the Golden Spikes Award and Bobby Bragan Collegiate Slugger Award, also credits his weightlifting and nutrition regimens for contributing to his pop.

This spring, he has been in the 2-hole behind Trevor Jensen and in front of Hudson Haskin.

Where he hits in the order is not a big concern to Hoese.

“I don’t change much,” says Hoese. “I stick to my approach. I stick to my plan.”

Many factors go into that approach, including how the pitcher is throwing, the score, the count etc.

As a freshman, Hoese hit .213 with no homers, six doubles, 10 RBIs and a .281 slugging mark while appearing in 44 games with 32 starts (17 at shortstop, 13 at third base and two at designated hitter).

The last two seasons, Hoese has been a regular at third base.

“The major league teams I talk to, I let them know I am versatile,” says Hoese. “I can play short.”

Hoese was a four-year starter at shortstop for head coach Brian Jennings at Griffith High School.

“He’s a great guy,” says Hoese of Jennings. “He’s helped me not just on the field but off.

“He’s a great mentor.”

As a Griffith Panther, Hoese was an all-state honoree as a junior and senior. He was team captain and received MVP honors his sophomore, junior and senior years. He helped Griffith win a regional title as a senior while hitting .400 with four homers, 14 doubles, 30 RBIs and 20 stolen bases and being rated the No. 1 shortstop in Indiana by Prep Baseball Report and Perfect Game.

Hoese was born in Merrillville, Ind., and grew up in Griffith, playing at Griffith Little League and the Region-based Indiana Playmakers before going with the statewide Indiana Bulls in the summers before his junior and senior high school seasons. He reported to Tulane to get acclimated in the summer before his freshmen year.

While much of his time is spent at the park or in the class room (he is a finance major), Hoese has gotten a chance to see the sites and enjoy the hospitality of the Big Easy.

“The people there are terrific,” says Hoese. “A lot of players on the team are from New Orleans.

“It feels like home.”

Back home in Indiana, Hoese took lessons from Dave Griffin at the Dave Griffin Baseball School in Griffith as a youngster and has also received help from former Indiana University and pro player Eric Blakely at the Diamond Kings facility in St. John. He still does some hitting at their places when he’s in the area.

Kody is the son of David and Susan Hoese. His father is an account. His mother is in sales. His older sister, Kristi, is married with two kids.

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Kody Hoese, a Griffith (Ind.) High School graduate, has been a regular at third base in 2018 and 2019 for Tulane University. Hoese was a four-year starter at shortstop in high school and has played short for the Green Wave. He was selected in the 2018 Major League Baseball First-Year Player Draft, but opted to go back to school for his junior season. (Tulane University Photo)

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Kody Hoese, a Griffith (Ind.) High School graduate and Tulane University junior, goes into the weekend hitting .417 with the 21 home runs, 15 doubles, 52 runs batted in and a .881 slugging average in 40 contests. He leads NCAA Division I baseball in home runs. (Tulane University)

McMahon keeps it positive for Canterbury Cavaliers baseball

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By STEVE KRAH

http://www.IndianaRBI.com

Mixing academic and athletic achievement, Pat McMahon continues to encourage and challenge baseball players at Canterbury School in Fort Wayne.

Canterbury was founded as an independent, coeducational day school in 1977. A college preparatory education is offered to students in early childhood through Grade 12. Of nearly 1,000 students, around 300 of them are the high school.

According to McMahon, yearly tuition is around $22,000.

The 2018 season marks McMahon’s 28th in charge of the Cavaliers on the diamond.

Why does he still do it?

“I’m still helping kids,” says McMahon, 54. “I want to teach the game and I want to teach it right.

“It’s the influence on the players.”

His guidance has been appreciated.

McMahon is one of 50 national recipients of the Positive Coaching Alliance’s coveted National Double-Goal Coach Award presented by TeamSnap, named for coaches who strive to win while also pursuing the more important goal of teaching life lessons through sports.

Besides website and newsletter mentions, the award carries a $200 prize, a certificate and two tickets to PCA’s National Youth Sports Awards Dinner and Benefit to be held April 28 at Stanford University in California.

In teaching a “game of failure” and dealing with many situations like interacting with parents, McMahon turned to the PCA for resources.

“I’ve been attending classes and seminars for 14 years with PCA,” says McMahon. “I get a lot out of it.”

In turn, so do his athletes.

Of the 25 letters of recommendation for the award, 19 came from former players.

“That means a lot to me,” says McMahon, who sees all of his student-athletes go on to college. Eighteen of them have played college baseball.

Switch-hitting corner infielder Simon Klink played at Purdue University and then made it to Double-A with the San Francisco Giants organization.

Right-handed pitcher Chris Squires was a relief pitcher at Indiana University and advanced to Double-A with the Florida Marlins system and also played independent pro baseball.

Both of Pat and Kim McMahon’s outfield-roaming sons played baseball in college — Paddy McMahon with he club team at Tulane University in New Orleans and Danny McMahon at  Swathmore College near Philadelphia.

More recently, McMahon and Canterbury has sent Matt Kent to Xavier University, Sam Tallo to Trine University, Tommy Filus to Ave Maria University, Curtis Hoffman to Washington University in St. Louis and Ben Yurkanin to Taylor University.

With its college prep mission, academics absolutely take precedence at Canterbury.

During exam week, no games can be scheduled and practices are voluntary.

“I call it ‘money week,’ says McMahon. “That’s when they get really good grades to get good college offers.”

Two baseball players scored a perfect 36 on the SAT.

“My kids can miss any practices for academics at any point,” says McMahon. “It’s STUDENT-athlete and we’ve lost track of that (at many places).

“We just don’t let them get complacent.”

Top juniors on the current Cavaliers squad are Ben Axel and Liam Ward.

Canterbury has a no-cut policy. Everyone who goes out for the team makes it.

“That makes it unique,” says McMahon. “I’m mixing kids who really can’t play the game with college prospects.

“I’ve found they bring out the best in each other. That really helps my kids at the next level.”

McMahon, who spent the early part of his life in Detroit and his the nephew of Tigers minor league outfielder Don DeDonatis II and cousin of Tigers minor league second basman and United States Speciality Sports Association assistant executive director Don DeDonatis III, is a big believer in team chemistry and likes to say “culture eats strategy for lunch.”

“I’m very big on culture,” says McMahon. “I have to see how the mold together.”

Canterbury players have parents who are accomplished business professionals.

“These kids have to be successful,” says McMahon, who helps operate McMahon’s Best One Tire & Auto Care.

The company, established by his father Pat in 1969 after moving from Detroit, has 104 employees. While Pat is called Coach around the field. Around the shop, he is known as Bubba.

Kim McMahon runs the company and stays involved with Canterbury baseball.

“She’s the whole reason this has worked,” says Pat. “She helps with parents. She knows the history of the program.”

Canterbury’s academic calendar features three weeks off at Christmas and a two-week spring break.

The Cavaliers do not belong to a conference and play in an IHSAA Class 2A group with Adams Central, Bluffton, Churubusco, Eastside and South Adams.

Canterbury hosted the 2017 sectional, The Cavs hoisted sectional trophies in 2009 and 2014 and took regional hardware in 2009.

Canterbury’s 22-game regular-season schedule in 2018 includes opponents in 4A (Fort Wayne North Side, Fort Wayne South Side, Fort Wayne Snider, Fort Wayne Wayne, Homestead) and 3A (Fort Wayne Bishop Dwenger, Heritage, Leo) plus Central Noble in 2A, Fort Wayne Blackhawk Christian and Lakewood Park Christian in 1A and non-IHSAA member Harlan Christian.

A 1982 Dwenger graduate, McMahon played at Valparaiso University and learned from Emory Bauer and was a teammate of future big league player and manager Lloyd McClendon. Both are Crusader and Indiana High School Baseball Coaches Association Hall of Famers.

“Em Bauer taught me so much about life,” says McMahon. “He was a neat guy.”

McMahon graduated Valpo U. in 1986 and came back to the Summit City. He was a pitcher for Mexican Joe’s in Fort Wayne’s Stan Musial League when he was approached about the possibility of coaching at Canterbury. He accepted.

The first few seasons, the Cavs played all their games on the road. Canterbury funded new dugouts and bleachers at the University Saint Francis for the right to play games there.

With the help of baseball ambassador and IHSBCA Hall of Famer Bill Jones and financial backing of former New York Yankees minor leaguer Pete Eshelman (who is owner Joseph Decuis restaurant and other properties in Roanoke and Columbia City), Canterbury got its own field with dimensions mimicking Yankee Stadium.

Former Yankees owner George Steinbrenner and National Baseball Hall of Famer Tommy Lasorda have visited the field.

“It’s the most gorgeous facility I’ve ever seen,” says McMahon. “I learned everything from Bill Jones. He’d bring in (IHSBCA Hall of Famers) Ken Schreiber, Chris Stavareti and Jack Massucci. Those guys just knew baseball.”

IHSBCA coaches in Canterbury’s district — many of who are educators — continue to make McMahon their representative.

“That means a lot to me that my peers say I can be that person,” says McMahon. “I really admire teachers.”

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Pat McMahon is in his 28th season as head baseball coach at Canterbury School in Fort Wayne in 2018. He is also one of 50 national recipients of the Positive Coaching Alliance’s coveted National Double-Goal Coach Award presented by TeamSnap, named for coaches who strive to win while also pursuing the more important goal of teaching life lessons through sports. (PCA Photo)

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Pat McMahon (second from left) meets Steve Young (third from left) at the Positive Coaching Alliance National Youth Sports Awards & Benefit at Stanford University April 28, 2018. McMahon received a National Double-Goal Coach Award and Young the Ronald L. Jensen Award For Lifetime Achievement.