Wednesday, November 13 Judeg denies baseball's request Associated Press |
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MIAMI -- A federal judge turned down Bud Selig's attempt to dismiss a lawsuit filed by former limited partners of the Montreal Expos, who have accused the baseball commissioner of racketeering in his attempt to eliminate the team.
Selig's lawyers had asked U.S. District Judge Ursula Ungaro-Benages to toss out the suit, arguing it was improperly filed in Florida and should have been filed in New York.
The judge cited a March 2000 meeting in Palm Beach Gardens, Fla., that involved Jeffrey Loria, who earlier this year sold the Expos to the other 29 major league teams and bought the Florida Marlins.
"Although this district's contacts with the action may not be as substantial as that of New York, this court finds that they are nevertheless sufficient and that, therefore, plaintiffs have met their burden of establishing proper venue here,'' Ungaro-Benages wrote in a seven-page opinion released Wednesday.
The 14 former minority owners of the Expos sued Selig, baseball chief operating officer Bob DuPuy, Loria and others in July under the federal racketeering laws, accusing them of mail fraud and wire fraud and alleging they conspired to eliminate the Expos.
"We're 1-for-1,'' said Jeffrey Kessler, a lawyer for the former minority owners. "The defendants seemed particularly interested in not having a Florida jury judge them on this. Now they'll have to answer before their peers in Florida.''
Thomas Ostertag, baseball's general counsel, did not return a telephone call seeking comment.
Ungaro-Benages did not rule on Selig's motion to have the case put aside until an arbitrator can decide it first, a motion lawyers also argued in court last Friday.
Selig's lawyers also have filed motions to dismiss the case for lack of merit, to allow Selig to decide the case as the arbitrator under baseball's rules and to disqualify the plaintiffs' lawyers, Weil, Gotshal & Manges LLP.
"They filed a motion to dismiss under every argument under the sun,'' Kessler said.
Baseball owners agreed in their new labor deal not to eliminate any teams through the 2006. They are considering having the Expos play 18-20 home games next season in San Juan, Puerto Rico. |