Skip to content

MLB sues Biogeneis, Anthony Bosch, claims interference with contract

Mar 22, 2013, 11:05 AM EDT

Bud Selig AP

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.

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:


source:

*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

Latest Posts
  1. The Mets won’t discuss Terry Collins’ status until after the season is over

    Aug 31, 2015, 4:00 PM EDT

    New York Mets manager Terry Collins, back, watches from the dugout in the fourth inning of a baseball game against the Baltimore Orioles, Tuesday, Aug. 18, 2015, in Baltimore. (AP Photo/Patrick Semansky) AP

    He was on the hot seat back in June. What a difference a couple of months make.

  2. Wanna see “El Paso’s fastest wiener?”

    Aug 31, 2015, 3:10 PM EDT

    Screen Shot 2015-08-31 at 3.09.51 PM

    Actually, the fastest wiener is boring. You want to see the wiener which runs free.

  3. Coaching third base in the AL East is no easy job

    Aug 31, 2015, 1:13 PM EDT

    Pesky's Pole AP

    And Buck Showalter is uniquely unimpressed with Fenway Parks dimensions.

  4. Unknown Cuban ballplayer sleeps outside of Dodger Stadium, hoping for a tryout

    Aug 31, 2015, 12:28 PM EDT

    dodger stadium getty Getty Images

    Thats one way to do it. Not a way likely to bring success, but certainly one way to do it.

  5. What’s wrong with Jeff Samardzija?

    Aug 31, 2015, 12:09 PM EDT

    samardzija getty Getty Images

    He’s struggling with free agency right around the corner.

  6. Blue Jays GM Alex Anthopoulos accuses Steve Tolleson of quitting on his team

    Aug 31, 2015, 11:25 AM EDT

    Steve Tolleson AP

    The Blue Jays GM said “Steve Tolleson just decided he didn’t want to play anymore.” Tolleson takes strong issue with that.

  7. Mets won’t use Steven Matz as a reliever

    Aug 31, 2015, 10:21 AM EDT

    Steven Matz AP

    Terry Collins says it wouldn’t be fair.

  8. The Indians and Mark Shapiro make it official, make statements about Shapiro going to Toronto

    Aug 31, 2015, 9:36 AM EDT

    Mark Shapiro Getty Images

    He won’t be officially introduced by the Jays until after the season.

  9. The Indians owner is trying to sell minority stakes in the team to raise cash

    Aug 31, 2015, 8:55 AM EDT

    Progressive Field

    It’s no surprise that Mark Shapiro felt that bolting to Toronto was a good idea

  10. And That Happened: Sunday’s scores and highlights

    Aug 31, 2015, 8:00 AM EDT

    Jake Arrieta Getty Images

    Jake Arrieta looked great last night. At least during his no-hitter. Afterward? Well, at least he looked comfortable.

  11. Giancarlo Stanton could return to the Marlins on Friday

    Aug 30, 2015, 11:55 PM EDT

    Giancarlo Stanton Giancarlo Stanton

    Giancarlo Stanton is getting close to returning to the Marlins. He’s slated to begin a rehab stint on Tuesday.

  12. Video: Jake Arrieta strikes out Chase Utley to complete his no-hitter

    Aug 30, 2015, 11:31 PM EDT

    Jake Arrieta Jake Arrieta

    Jake Arrieta struck out Chase Utley to complete his first career no-hitter.

  13. Jake Arrieta no-hits the Dodgers with 12 strikeouts

    Aug 30, 2015, 11:14 PM EDT

    Jake Arrieta Jake Arrieta

    Jake Arrieta made history on Sunday night, tossing a no-hitter against the Dodgers.

  14. Aaron Harang passed through waivers

    Aug 30, 2015, 11:05 PM EDT

    Aaron Harang Aaron Harang

    Aaron Harang wasn’t claimed when the Phillies put him on waivers, so any team can try and negotiate a trade if they’re desperate for rotation help.

  15. Padres claim Chris Rearick off waivers from the Rangers

    Aug 30, 2015, 10:15 PM EDT

    Chris Rearick Chris Rearick

    The Padres got Chris Rearick back, claiming him off waivers from the Rangers on Sunday.

  16. Blue Jays will name Mark Shapiro as the new team president

    Aug 30, 2015, 9:51 PM EDT

    Mark Shapiro Getty Images

    The Blue Jays are expected to name Mark Shapiro as the new team president.

  17. Yankees hang 20 runs on the Braves to complete a sweep in Atlanta

    Aug 30, 2015, 9:25 PM EDT

    Jacoby Ellsbury Jacoby Ellsbury

    The Braves were demolished by the Yankees on Sunday.

Top 10 MLB Player Searches
  1. G. Stanton (2724)
  2. B. Crawford (2530)
  3. Y. Puig (2395)
  4. G. Springer (2283)
  5. C. Correa (2124)
  1. H. Ramirez (2124)
  2. J. Fernandez (2087)
  3. D. Wright (2085)
  4. J. Hamilton (2076)
  5. H. Pence (2021)