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
Aug 31, 2015, 4:00 PM EDT
He was on the hot seat back in June. What a difference a couple of months make.
Aug 31, 2015, 3:51 PM EDT
Aug 31, 2015, 3:40 PM EDT
Ramirez has a nagging shoulder injury.
Aug 31, 2015, 3:10 PM EDT
Actually, the fastest wiener is boring. You want to see the wiener which runs free.
Aug 31, 2015, 1:13 PM EDT
And Buck Showalter is uniquely unimpressed with Fenway Parks dimensions.
Aug 31, 2015, 12:28 PM EDT
Thats one way to do it. Not a way likely to bring success, but certainly one way to do it.
Aug 31, 2015, 12:09 PM EDT
He’s struggling with free agency right around the corner.
Aug 31, 2015, 11:25 AM EDT
The Blue Jays GM said “Steve Tolleson just decided he didn’t want to play anymore.” Tolleson takes strong issue with that.
Aug 31, 2015, 10:21 AM EDT
Terry Collins says it wouldn’t be fair.
Aug 31, 2015, 9:50 AM EDT
He is in the first year of a four-year, $46 million deal.
Aug 31, 2015, 9:36 AM EDT
He won’t be officially introduced by the Jays until after the season.
Aug 31, 2015, 8:55 AM EDT
It’s no surprise that Mark Shapiro felt that bolting to Toronto was a good idea
Aug 31, 2015, 8:00 AM EDT
Jake Arrieta looked great last night. At least during his no-hitter. Afterward? Well, at least he looked comfortable.
Aug 30, 2015, 11:55 PM EDT
Giancarlo Stanton is getting close to returning to the Marlins. He’s slated to begin a rehab stint on Tuesday.
Aug 30, 2015, 11:31 PM EDT
Jake Arrieta struck out Chase Utley to complete his first career no-hitter.
Aug 30, 2015, 11:14 PM EDT
Jake Arrieta made history on Sunday night, tossing a no-hitter against the Dodgers.
Aug 30, 2015, 11:05 PM EDT
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.
Aug 30, 2015, 10:15 PM EDT
The Padres got Chris Rearick back, claiming him off waivers from the Rangers on Sunday.
Aug 30, 2015, 9:51 PM EDT
The Blue Jays are expected to name Mark Shapiro as the new team president.
Aug 30, 2015, 9:25 PM EDT
The Braves were demolished by the Yankees on Sunday.
- Unknown Cuban ballplayer sleeps outside of Dodger Stadium, hoping for a tryout 27
- And That Happened: Sunday’s scores and highlights 72
- Jake Arrieta no-hits the Dodgers with 12 strikeouts 32
- Blue Jays will name Mark Shapiro as the new team president 31
- Lance Lynn expects to make next scheduled start despite suffering ankle injury Saturday 2
- Cubs expected to call up Javier Baez on September 1 6
- Settling the Score: Saturday’s results 13
- A fan died at Turner Field after falling from the upper deck 64
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (266)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (200)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (123)