During the 2001 baseball season, Barry Bonds, then a player with the San Francisco Giants, hit 73

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During the 2001 baseball season, Barry Bonds, then a player with the San Francisco Giants, hit 73 home runs in one season, a new record that went beyond the 72 set by Mark McGwire in 2000. Mr. Bonds made his record-breaking home run in San Francisco. When he hit the home run, the ball went into the cheap seats. All agree that Alex Popov had his glove on the home run ball. However, Patrick Hayashi ended up with the ball. Mr. Popov filed suit alleging that Mr. Hayashi assaulted Mr. Popov to get the ball. A substantial amount of videotape shows Mr. Popov’s “gloving” of the ball. Mr. Popov says that the ball belongs to him because he held the ball in a “Sno-cone position” and others wrested it from his control. Mark McGwire’s ball from his record-breaking home run sold for $3 million. The Popov/Hayashi battle has high financial stakes. What areas of law will be involved in the judge’s determination of who gets the baseball? (Peter Page, “Ownership of historic baseball is in extra innings,” National Law Journal, November 12, 2001.)
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