Mar 22, 2013, 11:05 AM EST
Major League Baseball has filed its lawsuit against Anthony Bosch and Biogenesis. There are multiple other defendants as well.* The claim: that by selling drugs to major league players, Biogenesis and Anthony Bosch “enabled such Players to possess and/or use [performance enhancing drugs] and thus knowingly and intentionally caused and/or induced such Players to breach their contractual obligations under MLB’s Joint Drug Prevention and Treatment Program not to possess or use [performance enhancing drugs].”
UPDATE: The entire complaint can be seen below.
This morning my primary legal criticism of the claims were that Major League Baseball could not show damages as a result of these acts. I have not changed my mind, if for no other reason than the contract MLB claims interference with is the Joint Drug Agreement, in which MLB has no direct financial interest. Indeed, it EXPECTS the JDA to be breached and has built in a punishment system because of it. When a player takes PEDs he violates it, by definition. Major League Baseball does not have a cause of action for breach of contract against them. How Major League Baseball expects to get greater satisfaction from an alleged third party tortfeasor than it could get from a party to the contract is … interesting.
That said, here are their damages allegations:
Due to Defendants’ actions, MLB has suffered damages, including the costs of investigation, loss of goodwill, loss of revenue and profits and injury to its reputation, image, strategic advantage and fan relationships.
Nothing surprising. But also nothing which seems at all to be the stuff of a meritorious lawsuit. It’s loss of goodwill, outside of that involving a few columnists, is impossible to quantify. Its revenue and profits are at record highs and many would argue that these were achieved thanks in part to the PED-inflated offensive numbers of the past 20 years, not despite it.
This lawsuit is crazy on its face. It should be thrown out of court. I am shocked Major League Baseball found someone who would file it.
*The defendants: BioGenesis of America, LLC, a Florida Limited Liability Company (“BioGenesis”); Biokem, LLC, a Florida Limited Liability Company (“Biokem”); Anthony P. Bosch (“Bosch”); Carlos Acevedo (“Acevedo”); Ricardo J. Martinez (“Martinez”); Juan Carlos Nunez (“Nunez”); Marcelo Albir (“Albir”); and Paulo da Silveira
Mar 6, 2015, 6:41 AM EST
Barry Bonds’ Instagram page is the gift that keeps on giving.
Mar 5, 2015, 11:01 PM EST
Nationals outfielder Bryce Harper is understandably confident about his team’s chances, but Zack Wheeler thinks the Mets can make things interesting.
Mar 5, 2015, 9:45 PM EST
Richards is scheduled to throw live batting practice on Saturday for the first time since knee surgery.
Mar 5, 2015, 8:29 PM EST
It was his first game action since last July 31.
Mar 5, 2015, 7:33 PM EST
Yahoo Sports’ Jeff Passan hears that Cuban infielder Hector Olivera could have UCL damage in his elbow, but Olivera’s camp has strongly denied the report.
Mar 5, 2015, 7:07 PM EST
The Giants will likely be without Pence for the first month of the season.
Mar 5, 2015, 6:13 PM EST
He would then return to Korea, where the 28-year-old was a former MVP.
Mar 5, 2015, 5:20 PM EST
Tony Clark adds that the leaks “are cowardly, undermine the integrity of our collectively bargained agreements and in some instances have been wholly inaccurate.”
Mar 5, 2015, 5:12 PM EST
He was bigger a few years ago, but he’s still a pretty big deal.
Mar 5, 2015, 4:46 PM EST
He may be a nice man, but no one likes to pay a visit to Dr. Andrews.
Mar 5, 2015, 3:45 PM EST
Darvish spent the final six weeks of last season on the disabled list.
Mar 5, 2015, 3:25 PM EST
It’s a minor-league deal with major-league money attached.
Mar 5, 2015, 2:52 PM EST
Chrome. No, not just the trim. The whole dang car is chrome.
Mar 5, 2015, 2:04 PM EST
He probably won’t be, though.
Mar 5, 2015, 1:30 PM EST
Just ask them. They’ll tell you so.
Mar 5, 2015, 11:39 AM EST
The union and the league are butting heads, but the deadlock should soon be broken.
Mar 5, 2015, 11:19 AM EST
Money is money, man.
Mar 5, 2015, 10:47 AM EST
“I used to throw hard. Now, not so hard.”
Mar 5, 2015, 10:15 AM EST
Why hasn’t Ethier been traded yet?
Mar 5, 2015, 9:12 AM EST
Coke is Chicago-bound.
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- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” (374)
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- Curt Schilling lowers the boom on some men tweeting threats against his daughter (137)
- That facts of Josh Hamilton’s case should not be a matter of public record (94)
- Billy Bean responds to Daniel Murphy’s comments (90)