• Is the plaintiff, Mejia, alleging procedural unconscionability or substantive unconscionability (or both)? What evidence in the article seems to justify your response? Cite to both the textbook and the lecture.
• What is the controversy regarding unconscionability? In other words, while it makes sense for a court to refuse to enforce a contract that violates a state statute (an agreement to buy stolen goods, for example), why do we allow courts to refuse to enforce contracts simply because the judge’s conscience is “shocked”? Is this problematic for businesses?
MLB Prospect Sues Lending Firm For “Unconscionable” And “Exploitative” Behavior
Big League Advance Fund is a company owned by former MLB pitcher Michael Schwimer. The company, of which Browns President Paul DePodesta is a board member, is apparently in the business of seeking out up-and-coming baseball prospects and paying them a chunk of money up front in exchange for a massive cut of their career earnings, a predatory model that would not be viable if minor league baseball players were paid fairly.
In 2016, top Indians prospect Francisco Mejía signed over 10 percent of his future career earnings to BLA in exchange for $360,000, which he says he needed to pay for his mother’s medical bills. Mejia recently filed suit against BLA on the grounds that their arrangement should be voided because of the “unconscionable” nature of BLA’s contracts. According to Mejia, BLA targets “financially struggling” Caribbean prospects with limited English skills, and tries to pressure them into signing away future earnings in exchange for small amounts of cash up front. Mejia signed three contracts with BLA in 2016, when he was a Single-A player, and he says he was never offered an interpreter when he met with BLA reps. At their third meeting, BLA apparently paid for a lawyer to “represent” Mejía for the sole purpose of being able to claim that he had access to representation. After Mejía earned a September call-up in 2017—and thus a pro-rated MLB minimum salary—he says BLA reps showed up at his house and threatened to sue him to prevent him from playing baseball if he didn’t pay up.
Mejía claims that BLA deliberately misled him about the nature of the payment, which he says qualifies the contract to be dissolved under Delaware state law. BLA denies that allegation,… asked the judge to dismiss Mejía’s suit…
This is the article: https://deadspin.com/mlb-prospect-sues-lending-firm-for-unconscionable-and-1825305919
When your group is assigned to respond to the discussion post, each student must post a response to my prompt that is at least 250 words in length, and is entirely the student’s own work. The response must demonstrate the student’s understanding of both the readings and lecture (must cite both), and should extend the discussion, provide another legal perspective, or raise a relevant question. Student responses must be based only on the assigned readings and lectures. Consulting with, referring to, or citing, other resources, including using the internet, or collaborating with others, is prohibited. Students violating these rules will receive a 0 on this assignment. If the violation constitutes a violation of the GMU Honor Code, students will be referred to the Office of Academic Integrity.
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