Mar 22, 2013, 11:05 AM EDT
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
Jul 4, 2015, 12:39 PM EDT
Nationals right-hander Stephen Strasburg exited today’s start against the Giants in the top of the fourth inning due to an apparent injury to his left side.
Jul 4, 2015, 12:39 PM EDT
Bauer also had a heck of an at-bat in the process.
Jul 4, 2015, 12:09 PM EDT
It’s only noon on the East Coast, but Nationals slugger Bryce Harper is already setting off fireworks.
Jul 4, 2015, 11:49 AM EDT
The Tigers have no great internal options to replace Miguel Cabrera and not much with which to trade.
Jul 4, 2015, 11:28 AM EDT
Alderson says Collins isn’t to blame for the Mets’ lack of offense.
Jul 4, 2015, 10:31 AM EDT
I guess the pigeon was a Yankees fan.
Jul 4, 2015, 9:42 AM EDT
Cabrera is headed to the disabled list for the first time in his 13-year major league career.
Jul 4, 2015, 8:55 AM EDT
A quick recap of a busy Friday, including a walk-off win for the Yankees.
Jul 4, 2015, 12:58 AM EDT
In a shocking move, the Rangers designated Neftali Feliz for assignment to clear roster space for Matt Harrison.
Jul 3, 2015, 11:45 PM EDT
Base Ba’al has no mercy for Coco Crisp.
Jul 3, 2015, 11:05 PM EDT
The Mets are VERY interested in Ben Zobrist.
Jul 3, 2015, 10:10 PM EDT
The Mets are getting desperate for runs, but aren’t ready to rush prospect Michael Conforto just yet.
Jul 3, 2015, 9:20 PM EDT
Miguel Cabrera suffered a calf injury after a single in the fourth inning on Friday against the Blue Jays.
Jul 3, 2015, 9:08 PM EDT
Anibal Sanchez has silenced a tough Blue Jays lineup.
Jul 3, 2015, 8:35 PM EDT
Patrick Corbin will complete his long trek back to the major leagues when he starts against the Rockies on Saturday.
Jul 3, 2015, 7:45 PM EDT
The Athletics haven’t used Josh Reddick much against left-handed starters. Reddick isn’t too happy with that, despite his results against southpaws.
Jul 3, 2015, 6:55 PM EDT
Jameson Taillon was getting pretty close to returning to action for the Pirates, but an inguinal hernia has knocked him back on the shelf.
Jul 3, 2015, 6:05 PM EDT
The Cubs acquired Clayton Richard from the Pirates and he’ll start for the club on Saturday.
Jul 3, 2015, 4:40 PM EDT
Jul 3, 2015, 3:52 PM EDT
Both he and the White Sox have disappointed this year, but he could help a contender.
- Stephen Strasburg exits start with apparent side injury 1
- In the wake of the Miguel Cabrera injury the Tigers have few good options 2
- Mets general manager Sandy Alderson says Terry Collins’ job is safe 3
- Calf injury sends Miguel Cabrera to the disabled list for the first time in his career 4
- Settling the Score: Friday’s results 17
- Rangers designate Neftali Feliz for assignment, activate Matt Harrison 7
- Anibal Sanchez loses his bid for a no-hitter with one out in the eighth inning 11
- The Yankees, A-Rod resolve their dispute over the $6 million milestone bonus 30
- Settling the Scores: Sunday’s results (99)
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno (88)
- What Yasiel Puig being a pain in the butt means. And what it doesn’t mean. (78)
- Report: Jerry Dipoto “definitely out” as Angels GM (77)
- Brian Dozier is the best second baseman in baseball (72)