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
Dec 26, 2014, 10:25 PM EST
The Braves’ one-year deal with catcher A.J. Pierzynski is for $2 million.
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If Wandy Rodriguez passes his physical, the Phillies are expected to sign him to a minor league deal.
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Jeff Manship will begin the spring with the Indians after signing a minor league deal.
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Uggla hit .179 in 2013 and .149 this year.
Dec 26, 2014, 11:00 AM EST
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He threw 64 innings with a 3.96 ERA and 44/16 K/BB ratio for the Giants in 2014.
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Remember, Red, hope is a good thing, maybe the best of things.
Dec 26, 2014, 7:32 AM EST
Actually, no, he probably wouldn’t have, Curt.
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Japanese righty Chihiro Kaneko might have been one of the top starters on the open market this winter had he been posted by the Orix Buffaloes, his Nippon Professional Baseball team.
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Your one-stop shop for all of the offseason signings.
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And a very special friend of HBT
Dec 24, 2014, 10:00 PM EST
A good way to finish off our Christmas Eve coverage on HardballTalk …
Dec 24, 2014, 8:04 PM EST
The sought-after 26-year-old right-hander has now officially re-signed with the Hiroshima Carp for the 2015 season, according to the Japan Times.
Dec 24, 2014, 6:17 PM EST
Ben Badler of Baseball America reports that the Rockies have agreed to terms on a minor league contract with outfielder Roger Bernadina.
Dec 24, 2014, 4:21 PM EST
A toast to my big brother George: The richest man in town. Well, except for Mr. Potter. That guy is LOADED.
Dec 24, 2014, 2:00 PM EST
No, really. The news broke on line at a Honeybaked Ham store.
Dec 24, 2014, 1:00 PM EST
Based on these results, no, we will not stick to baseball. Because you clearly don’t want us to.
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