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
Apr 27, 2015, 8:10 PM EDT
Bailey is coming off flexor tendon surgery. Could Tommy John surgery be next?
Apr 27, 2015, 7:24 PM EDT
McCarthy appears headed for season-ending Tommy John surgery.
Apr 27, 2015, 7:20 PM EDT
Adam Ottavino was just named as the Rockies closer two weeks ago, but now he’s headed to the disabled list with right triceps inflammation.
Apr 27, 2015, 6:41 PM EDT
Protests and violence continue in Baltimore after the recent death of 25-year-old Freddie Gray.
Apr 27, 2015, 6:09 PM EDT
Wainwright will undergo season-ending surgery this week.
Apr 27, 2015, 5:40 PM EDT
Scherzer is in the first season of a seven-year, $210 million contract and has pitched very well through four starts with a 1.26 ERA and 29/4 K/BB ratio in 29 innings.
Source: Josh Hamilton rejected a trade to a National League team because he wanted to go back to Texas
Apr 27, 2015, 4:56 PM EDT
Hamilton had a full no-trade clause with the Angels. And he exercised it in an effort to get back to the Rangers.
Apr 27, 2015, 4:25 PM EDT
Pro tip: when you’re trying to sell something, don’t tell all of your potential customers how crappy the thing is and how desperate you are to be rid of it.
Apr 27, 2015, 4:04 PM EDT
This trade rids the Angels of Josh Hamilton, Josh Hamilton of the Angels and give the Rangers a pretty big bargain. Win-win-win?
Apr 27, 2015, 3:31 PM EDT
Saltalamacchia is owed $7 million this season and $8 million next season.
Apr 27, 2015, 3:15 PM EDT
As usual, the Phillies are why we can’t have nice things.
Apr 27, 2015, 2:35 PM EDT
Jaso injured his wrist sliding into third base on Opening Day.
Apr 27, 2015, 1:22 PM EDT
He was traded from the Nationals to the Dodgers just last week.
Apr 27, 2015, 1:08 PM EDT
Powerful words from the Orioles’ executive in the wake of the death of Freddie Gray.
Apr 27, 2015, 12:32 PM EDT
Some people are really committed. Others are so committed, maybe they should be committed.
Apr 27, 2015, 11:19 AM EDT
Perez posted a 9.39 ERA in six appearances for Triple-A Colorado Springs.
Apr 27, 2015, 11:03 AM EDT
“Outdoor baseball is stupid, and domes should be universal. My column:”
Apr 27, 2015, 10:47 AM EDT
Gonzalez insists he’s healthy.
Apr 27, 2015, 10:15 AM EDT
He hasn’t thrown since cutting short a bullpen session 10 days ago.
Apr 27, 2015, 9:24 AM EDT
The Marlins lose: rumors of the manager being on the hot seat. They win: he’s safe. That’s the sort of reaction that stable teams run by wise men pursue, right?
- Monday’s White Sox/Orioles game postponed due to ongoing protests and violence in Baltimore 52
- Cardinals confirm Adam Wainwright is done for season with torn Achilles 12
- Source: Josh Hamilton rejected a trade to a National League team because he wanted to go back to Texas 32
- Deal done: Josh Hamilton traded to the Texas Rangers for cash considerations 34
- Pitchers batting is dumb and the DH should be universal 350
- And That Happened: Sunday’s scores and highlights 88
- Alex Rodriguez hits 659th career home run, now one shy of tying Willie Mays 60
- Max Scherzer doubtful for next start due to thumb injury 5
- Pitchers batting is dumb and the DH should be universal (350)
- Comment of the Day: do not underestimate the seriousness of the anti-DH crowd (185)
- The early leaders in MLB’s “Franchise Four” thing have been announced (166)
- The Royals and White Sox had a benches-clearing fracas, five players ejected (161)
- Protesters converge on Oriole Park at Camden Yards (149)