By Sam Safferstein, of Tulane Sports Law
On March 9, 2026, Miami-Dade Circuit Judge Spencer Eig denied a motion to strike evidence in the ongoing dispute over the ball hit by Shohei Ohtani in his 50th home run.
On September 19, 2024, Los Angeles Dodgers slugger Shohei Ohtani hit a home run against the Miami Marlins in Miami, becoming the first Major League Baseball player to record fifty home runs and fifty stolen bases in a single season. Christian Zacek left the stadium with the ball, which he later sold at auction for $4.39 million. This case evokes memories of the landmark sports law case, Popov v. Hayashi, in which Barry Bonds’ record-breaking 73rd home run in the 2001 MLB season was split between two fans, allowing them to share the value of the ball as they both had equal possessory rights
Max Matus and Joseph Davidov each claim that they possessed the ball before Zacek gained control of it and subsequently sued Zacekin the Eleventh Judicial Circuit Court of Florida in Miami, alleging claims arising from ownership and possession of the ball. Matus later moved to strike Zacek’s motion for summary judgment, arguing that it relied on inadmissible video evidence and an edited screenshot that had not been properly authenticated. In response, Zacek argued that the image had been edited only to improve visibility and that the underlying video footage had been obtained directly from fans’ cell phones. In a Zoom hearing, Judge Eig concluded that Matus had not shown any legal basis to strike the summary judgment motion on the ground that the image had been edited. Judge Eig rejected the argument that improving a photo’s color or clarity amounted to fraud or made the evidence inadmissible. “I don’t find that any law has been cited, or that improving a photo for color or clarity is fraud,” Judge Eig said. “Improving picture quality doesn’t seem like a problem.”
“These are copies of copies,” said Michael M. Gordon, counsel for Matus. “Without explaining that to the plaintiff or the court, how can we possibly respond appropriately to their motion for summary judgment?” Matus is represented by John J. Uustal, Charles Scott, and Michael M. Gordon of Kelly Uustal in Fort Lauderdale, Florida. “The motion clearly states that the photo was edited solely to better identify the blue wristband,” said Ramon A. Rasco, counsel for Zacek. Zacek is represented by Ramon A. Rasco of Podhurst Orseck, P.A. in Miami, Jonathan F. Claussen of J Claussen Law, P.A. in Miami, and Dustin M. Robinson of LumaLex Law in Miami. Trial is scheduled to begin on July 20, 2026.
