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 18, 2014, 1:02 PM EDT
In which I speculate why Garcia is heading across the ocean. The answer may surprise you! Unless you’ve ever had babies at home before, in which case you’ll go “yep, I woulda too.”
Apr 18, 2014, 12:23 PM EDT
When you’re as tall as he is, it’s far less than 60’6″ to home plate.
Apr 18, 2014, 11:51 AM EDT
Pirates outfielder Jose Tabata left Wednesday’s game after crashing very hard into the wall in Cincinnati while making a tremendous catch and was diagnosed with concussion-like symptoms.
Apr 18, 2014, 11:19 AM EDT
Tanner Scheppers and his 9.82 ERA may not be long for the Rangers’ rotation.
Apr 18, 2014, 11:03 AM EDT
Over two million Americans have peanut allergies. This story is about two of them.
Apr 18, 2014, 10:47 AM EDT
After a pair of ugly early season outings Tigers closer Joe Nathan talked last week about going through a “dead arm” phase, but now the 39-year-old is feeling much stronger.
Apr 18, 2014, 10:15 AM EDT
On the disabled list with a strained hamstring, Mark Teixeira got three at-bats in a minor-league rehab game Thursday and is expected to rejoin the Yankees’ lineup Sunday.
Apr 18, 2014, 9:24 AM EDT
And one serious mistake with respect to the Tigers.
Apr 18, 2014, 8:47 AM EDT
He may not care, but I’m going to write a research report about how you normalize ISPFMLBLSSR for different eras.
Apr 18, 2014, 8:33 AM EDT
If this is true, you’d have to think the Philly Phanatic would have a no-fly zone imposed over him.
Apr 18, 2014, 6:47 AM EDT
Adam Wainwright turned in the latest of several dominant pitching performances around Major League Baseball this week.
Apr 17, 2014, 11:02 PM EDT
The Phillies’ rotation is about to get stronger.
Apr 17, 2014, 11:00 PM EDT
The Twins scored six runs on one hit, eight walks (!) and three wild pitches in the bottom of the eighth inning tonight.
Apr 17, 2014, 10:05 PM EDT
Jonathan Papelbon had a little more giddy-up on his fastball today, but don’t ask him about it.
Apr 17, 2014, 9:31 PM EDT
Jeremy Jeffress turned down a minor league assignment with the Blue Jays and will seek an opportunity elsewhere.
Apr 17, 2014, 8:21 PM EDT
Lots of teams watched Joel Hanrahan throw today.
Apr 17, 2014, 8:16 PM EDT
Yangervis Solarte, Brian Roberts, and Scott Sizemore turned a triple play and got CC Sabathia out of a potential jam.
Apr 17, 2014, 7:45 PM EDT
Mike Napoli suffered a dislocated finger on Tuesday, but only had to miss one game.
Apr 17, 2014, 7:02 PM EDT
Shane Victorino has been sidelined since the end of spring training with a hamstring strain.
Apr 17, 2014, 6:14 PM EDT
Yet another injury for Lorenzo Cain.
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists (244)
- “They Don’t Know Henry” (167)
- The Red Sox are still steamed that a PED guy played against them in the playoffs last year (133)
- Doug Glanville’s story about being racially profiled at his own home (125)
- There is still a racial divide in baseball (112)