During the 2001 MLB season, Barry Bonds set the record for home runs. A fan, Alex Popov had his glove on that home-run ball. However, Patrick Hayashi ended up with the ball. Mr. Popov filed suit alleging that Mr. Hayashi assaulted Mr. Popov in order to get the ball. Videotape shows Mr. Popov's gloving of the ball. Mr. Popov says the ball belongs to him because he held that ball in a Sno-cone position and others wrested it from his control. What areas of law were involved in the judge's determination of who got the baseball?
The judge used the law of equitable division of property, the law of finders and the law of lost, mislaid and abandon property to determine who got the baseball at the trial of Mr. Popov and Mr. Hayashi. (www.findlaw.com) The judge's determination of who got the baseball was on the fact that both men had a strong claim to the ball, both men intended to possess the ball at the time they were in physical contact with the ball (www.findlaw.com). The issues in the trial were concurrence and the legal quality of the claims with respect to the fact that neither man could make a superior argument over the other . So, the judge order that both men have an equal and undivided interest in the ...
The area of law involved in the judge;s determination of who got the baseball is determined.