In the five days between the NLCS and World Series, it would have been fair to assume that MLB superstar Shohei Ohtani would finally be out of the spotlight for a few days amidst his historic first season with the Dodgers. However, that couldn’t be further from the truth as Ohtani shattered yet another record this past Tuesday. The baseball from Ohtani’s 50th home run (which made him the first MLB player ever with 50 stolen bases and 50 home runs in the same season) was sold by Goldin Auctions for $4.392 million, breaking the previous record price for any sports ball sold at auction.[i]Founder Ken Goldin noted that the auction house “received bids from around the world, a testament to the significance of this iconic collectible and Ohtani's impact on sports.”[ii] Before Ohtani, the previous top sale was Mark McGwire’s 70th home run ball from 1998 (which also broke an MLB record for most home runs in a season), purchased by Todd McFarlane for $3 million in 1999.[iii] Perhaps even more notably, the profits from this historic auction cannot be given to their rightful seller, as the true owner of the 50/50 ball is yet to be determined.

Indeed, a Florida judge is now trying to decide the proper owner of Ohtani’s 50/50 baseball. After Ohtani hit his record-setting home run, eighteen-year-old Max Matus filed a lawsuit against Christian Zacek (who left the stadium with the ball), claiming that Matus was first to “firmly and completely grab the ball . . . while it was on the ground, successfully obtaining possession of the 50/50 ball.”[iv] Matus further alleged that Zacek (who was identified as Chris Belanski in initial filings) “trapped [Matus’] arm in between his legs and wrangled the 50/50 Ball out of [Matus’] left hand. . . . wrongfully and forcefully obtain[ing] control of the ball.” While a third fan, Joseph Davidov, also filed a suit claiming ownership, video evidence shows him congratulating Zacek once he had possession of the ball.[v] As it is unlikely that a court will look kindly upon such clear evidence of non-possession, it does not appear that Davidov has a strong claim in this case, meaning the judge will ultimately be deciding whether Matus or Zacek owns the ball. 

But if ownership of the baseball was challenged, how could it be auctioned? The early stages of litigation over the 50/50 ball highlighted the complications that can arise when an item that is subject to an ongoing ownership dispute is slated to be sold. Zacek initially secured a deal with Goldin Auctions to sell the memorabilia, but Matus asked the court for a temporary injunction in his lawsuit, claiming that he wanted to keep the ball as a keepsake and would suffer irreparable harm if the item were to be sold (as it is a unique and one-of-a-kind piece of history).[vi] The court declined to grant the temporary injunction but set an October 10th date for an evidentiary hearing and ordered that the ball could not be sold before that day.[vii] Then, on October 7th, the parties told the court that they had an agreement in place to allow the auction of the baseball to occur prior to the conclusion of litigation, resulting in the cancellation of the evidentiary hearing.[viii] Goldin Auctions released a statement that the parties "have agreed to convey any and all of their ownership interests in the 50/50 ball to the winner of the auction, giving the winner full assurance that they will receive free and clear title to the 50/50 ball."[ix]

So, who will ultimately collect this record-setting sale price for Ohtani’s historic ball? While the case is still ongoing, prior litigation in this area may be insightful. In Popov v. Hayashi, a famed property law case surrounding the ownership of Barry Bonds’ record-setting 73rd home run in a single season, the court found that initial possession of an item (or otherwise completing a significant portion of the steps to obtain possession of an item) will give a party a legitimate claim of pre-possessory interest in the item, even if it is later torn away in a scrum due to the unlawful conduct of another person.[x] The court in Popov ultimately decided that both parties had an equal interest in the baseball, dictating a 50/50 revenue split of the proceeds from the ball’s sale. Applying these arguments to the Ohtani case, Matus will likely say that Zacek wrongfully interfered with him by wrestling the ball away. Matus may also argue that Zacek wrongfully converted the Ohtani ball into his own property and that Zacek will be unjustly enriched if he is found to be entitled to the auction proceeds. These premises are supported by law, as stadium rules (in this case, Miami’s LoanDepot Park) apply, and Florida tort law recognizes claims of wrongful interference with personal property.

On the other side, Zacek will likely argue that Matus never had full possession of the ball or, in the alternative, that Zacek was the party who had continuous possession of the item. This argument is mainly rooted in logic, as someone who touches a ball hit into the stands (a common occurrence at baseball games) is not automatically entitled to ownership. In Ohtani’s home country of Japan, another one of his home run balls (albeit one of less historical significance) was even passed around the entire stadium from fan to fan.[xi] Zacek could also attempt to argue that a decision in favor of Matus would mean that the court is disrupting the norm of balls hit into the stands at games, where the fan who comes up with the ball is commonly the owner. However, other fans often give baseballs to young children sitting nearby, potentially disputing this notion.[xii] Further, while the Popov court noted the uncertainty of defining clear possession in a scrum, this case may be different, as there is clear video evidence of the fight over Ohtani’s home run ball (unlike the scramble in Popov).[xiii] Despite potential arguments by Zacek to the contrary, actual dispossession should be considered as distinct from a common scrum. If prior case law is to dictate the outcome of the dispute here, the ball may be the only thing that is 50/50 – not the auction revenue split between the plaintiffs. Under Popov standards, it seems that Matus is the rightful owner of the ball and should recover the auction proceeds. However, the court may also decide in line with the Popov outcome and direct the parties to split the profits. In either event, given his attempt to stop the auction in favor of retaining ownership of the ball, it is unclear if Matus will be fully satisfied with this outcome, even with the hefty award.

Fans may also wonder why these parties didn’t try to return the ball to Ohtani, as has been done with other record-breaking baseballs (like the baseballs used for the 3000th hits of both Derek Jeter and Alex Rodriguez).[xiv] In those instances, MLB teams have been quick to make deals with fans to return historical balls to the player associated with a given achievement, but the Dodgers were unsuccessful in doing the same here. According to one report, the Dodgers offered Zacek $300,000 for the ball while he was still in the stadium, a price that he declined.[xv] In essence, this was Zacek exercising his finder’s rights, as Popov viewed baseballs as being owned by the MLB prior to the time that they were hit but intentionally abandoned property once batted into the stands, making the new possessor of the ball its rightful owner.[xvi] While initial reports speculated that the ball would lose its value once Zacek left the stadium, as he could have switched the ball out for a fake, the MLB placed special markings on baseballs pitched to Ohtani once he hit his 49th home run, removing any doubt over the true identity of the historic ball.[xvii] Since Zacek declined the team’s offer for the ball, the Dodgers (and Ohtani by extension) had no claim over this piece of history, which was easily authenticated and ultimately sold at auction. Additionally, Matus’ potential claim on the baseball (discussed above) would have potentially invalidated any deal brokered between Zacek and the Dodgers, as Matus never had the chance to consent to such an offer.

While the lost profits from the record-breaking sale (or the sentimental value of the baseball) may potentially not mean much to a $700 million superstar,[xviii] fans (and the parties) will eagerly await the outcome of this case to see who collects the profits from Ohtani’s historic baseball. In the meantime, the Japanese slugger will look to lead the Dodgers to their second World Series title in four seasons as his team faces off against the Yankees in Ohtani’s first Fall Classic. But if Ohtani is to continue his season of big moments (and bigger home runs), this may not be the last time we see his name in headlines involving auctions and property litigation.

Oliver Canning is a 2L at the University of Miami School of Law. He can be followed on Twitter (X) @OCanning and found on LinkedIn.

[i] Dan Hajducky, "Dodgers Star Shohei Ohtani's 50/50 Ball Fetches $4.39M at Auction" ESPN (Oct. 23, 2024).  

[ii] Id.

[iii] Id.

[iv] Associated Press, "Ohtani's Historic 50-50 Ball Sells at Auction for Nearly $4.4M Amid Ongoing Dispute Over Ownership" US News (Oct. 23, 2024).  

[v]Chuck Schilken, "Who Does Shohei Ohtani’s 50th Home Run Ball Belong to? Another Fan Files a Lawsuit Over It" LA Times (Sept. 30, 2024);  Dan Hajducky, "Who Owns Ohtani 50/50 Home Run Ball? Legal Experts Weigh In" ESPN(Oct. 3, 2024).  

[vi] Associated Press, "Online Bidding for Ohtani's Historic 50-50 Ball Up to $1.8M as Litigation for Proceeds Continues" The Score (Oct. 18, 2024) ; Dan Hajducky, "Judge Denies Attempt to Halt Auction of Ohtani 50/50 Ball" ESPN (Sept. 26, 2024).  

[vii] Id.

[viii] Dan Hajducky, "Auction of Shohei Ohtani 50/50 Ball to Proceed Amid Legal Dispute" ESPN (Oct. 7, 2024).  

[ix] Id.

[x] Popov v. Hayashi, 2002 Cal. Super. LEXIS 5206 (Ca. Sup. Ct. 2002).

[xi] Michael Clair, "Japanese Fans -- Politely! -- Pass Around Ohtani HR Ball" MLB.com (Mar. 12, 2023).

[xii] "Phillies Fan Catches Foul Ball, Gives it to Young Fan" MLB.com (Oct. 24, 2024).  

[xiii] Popov, 2002 Cal. Super. LEXIS 5206 at *5–8; ABC News, "Fans Scramble to Grab Shohei Ohtani's History-Making 50th Home-Run Ball" YouTube (Sept. 20, 2024).

[xiv] Grace Raynor, "Fan Presents 3,000th Hit Ball to A-Rod" MLB.com (Jul. 3, 2015); John Goff, "Jeter Fan Spurns $250K Collectible, Gives Back Milestone Ball" Investment News (May 31, 2011).

[xv] Andy Slater, X (Sept. 20, 2024).

[xvi] Popov, 2002 Cal. Super. LEXIS 5206 at *8.

[xvii] Darren Rovell, "As Buyer of Ohtani's 50th HR Ball Waits to Come Forward, Value Plummets by Hour" Cllct (Oct. 24, 2024).

[xviii] Travis Schlepp, "Shohei Ohtani Signs Historic $700M Deal with the Dodgers" KTLA (Dec. 9, 2023).