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. Rangers assistant GM Thad Levine withdraws from Diamondbacks’ GM search

    Sep 16, 2014, 1:15 PM EDT

    thad levine

    Levine has been the Rangers’ assistant GM since October of 2005, serving as general manager Jon Daniels’ right-hand man during the most successful period in team history.

  2. Matt Shoemaker to have an MRI on his rib cage

    Sep 16, 2014, 12:45 PM EDT

    Matt Shoemaker AP

    The Angels starter pitched well last night, but felt some discomfort at the end of his stint.

  3. Chris Davis helped out at the scene of a car crash

    Sep 16, 2014, 12:16 PM EDT

    chris davis getty Getty Images

    He has some time on his hands. At least he’s putting it to good use.

  4. The Braves break ground on “SunTrust Park”

    Sep 16, 2014, 11:40 AM EDT

    Braves ballpark

    Man, Waffle House. You really missed the boat here. And now we all have to suffer with this boring, corporate name.

  5. Martin Prado undergoes an emergency appendectomy, likely out for the year

    Sep 16, 2014, 11:25 AM EDT

    Screen Shot 2014-09-16 at 11.12.05 AM AP

    One of the few dudes who has been hitting for the Yankees is now on the shelf for the year.

  6. David Ortiz: I told you so

    Sep 16, 2014, 11:03 AM EDT

    David Ortiz Getty Getty Images

    Big Papi took some time yesterday to remind his detractors that, yes, he did deserve that contract extension.

  7. Must-click Link: the challenges Major League Baseball faces in implementing a domestic violence policy

    Sep 16, 2014, 10:10 AM EDT

    Bud Selig AP

    Ken Rosenthal shows us that the task, however necessary, will not be easy.

  8. A-Rod unlikely to be charged in the Biogenesis case

    Sep 16, 2014, 9:46 AM EDT

    Alex Rodriguez Alex Rodriguez

    To baseball and baseball writers, A-Rod is still Whitey Bulger or Public Enemy Number One. To the cops, he’s just a kid who bought a bag of something.

  9. Marcus Stroman should be suspended for throwing at Caleb Joseph’s head

    Sep 16, 2014, 9:16 AM EDT

    Screen Shot 2014-09-16 at 8.09.58 AM

    MLB acts swiftly when someone grabs their crotch. Let’s see how swiftly it acts when a guy goes headhunting.

  10. Jonathan Papelbon’s suspension could possibly save the Phillies $13 million

    Sep 16, 2014, 8:55 AM EDT

    Screen Shot 2014-09-15 at 11.33.53 AM AP

    With this gesture, Jonathan Papelbon made triggering his 2016 option a tad tricker.

  11. Yasiel Puig, Matt Kemp exchange words in the dugout

    Sep 16, 2014, 8:23 AM EDT

    Puig Kemp

    I have to imagine that spending seven-plus months in close quarters with Yasiel Puig can get on one’s nerves.

  12. And That Happened: Monday’s scores and highlights

    Sep 16, 2014, 6:52 AM EDT

    Screen Shot 2014-09-16 at 6.50.57 AM AP

    The Angels clinch a playoff spot. The Nats and Orioles pull to within one game of clinching their divisions.

  13. VIDEO: Royals utilize speed for walk-off win against White Sox; keep pace with Tigers

    Sep 16, 2014, 12:09 AM EDT

    royals

    Pinch-runners Jarrod Dyson and Terrance Gore proved to be the difference in a thrilling win for Kansas City.

  14. Albert Pujols leaves game with hamstring cramp

    Sep 15, 2014, 11:29 PM EDT

    Albert Pujols AP AP

    Pujols suffered the injury while running to second base on a three-run double.

  15. Giants activate Brandon Belt from disabled list

    Sep 15, 2014, 11:09 PM EDT

    Brandon Belt Brandon Belt

    Belt has been limited to just five games since July 19 due to concussion symptoms.

  16. Anibal Sanchez could return as a reliever

    Sep 15, 2014, 10:25 PM EDT

    Anibal Sanchez Getty Getty Images

    Sanchez has been sidelined since early August with a right pectoral strain.

  17. MLB suspends Jonathan Papelbon seven games for incident during Sunday’s game

    Sep 15, 2014, 9:21 PM EDT

    Jonathan Papelbon Getty Getty Images

    Papelbon made a lewd gesture at fans and had a confrontation with umpire Joe West during Sunday’s game.

  18. Bryce Harper exits game after feeling lightheaded

    Sep 15, 2014, 8:35 PM EDT

    Bryce Harper Getty Getty Images

    Harper struck out in his lone at-bat in the top of the second inning before Nate Schierholtz replaced him as a pinch-hitter in the fourth inning.

Featured video

Do the Angels have any weaknesses?
Top 10 MLB Player Searches
  1. G. Stanton (3607)
  2. A. Rizzo (2382)
  3. B. Belt (2377)
  4. J. Hamilton (2102)
  5. R. Castillo (2097)
  1. C. Young (2084)
  2. B. Gardner (2021)
  3. H. Ryu (1966)
  4. A. Pujols (1931)
  5. C. Davis (1801)