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	<title>Comments on: Major League Baseball&#8217;s lawsuit against Biogenesis should be laughed out of court</title>
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	<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/</link>
	<description>Baseball. Baseball. And then a bit more baseball.</description>
	<lastBuildDate>Sun, 19 May 2013 20:39:18 +0000</lastBuildDate>
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		<title>By: chc4</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460795</link>
		<dc:creator><![CDATA[chc4]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 23:11:59 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460795</guid>
		<description><![CDATA[How do we know that earth is round? Or that 9/11 was not perpetrated by the US gov&#039;t? Or that Lindsey Lohan isn&#039;t an alien from Mars. You can argue anything.

Melky was a Yankees and Braves cast-off. He was a fat slug with the Braves. He improved in 2011 then went crazy in &#039;12. I would argue he realized his paychecks were numbered in 2010 and started the regime in &#039;11. Do I have proof of that ? No. Looks at his #s from &#039;05 thru &#039;10. He was a 4th OF. But I do have proof in &#039;12... since he tested positive. And then tried to conceal it. Maybe the steroids had nothing to do with his performance... maybe they helped cleared up his allergies. Is that your next claim?]]></description>
		<content:encoded><![CDATA[<p>How do we know that earth is round? Or that 9/11 was not perpetrated by the US gov&#8217;t? Or that Lindsey Lohan isn&#8217;t an alien from Mars. You can argue anything.</p>
<p>Melky was a Yankees and Braves cast-off. He was a fat slug with the Braves. He improved in 2011 then went crazy in &#8217;12. I would argue he realized his paychecks were numbered in 2010 and started the regime in &#8217;11. Do I have proof of that ? No. Looks at his #s from &#8217;05 thru &#8217;10. He was a 4th OF. But I do have proof in &#8217;12&#8230; since he tested positive. And then tried to conceal it. Maybe the steroids had nothing to do with his performance&#8230; maybe they helped cleared up his allergies. Is that your next claim?</p>
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		<title>By: churchoftheperpetuallyoutraged</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460767</link>
		<dc:creator><![CDATA[churchoftheperpetuallyoutraged]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 22:18:11 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460767</guid>
		<description><![CDATA[err testify was probably the wrong word.  Give evidence to the NCAA against the players he paid.

edit function!!!
EDIT FUNCTION!!!
&lt;b&gt;EDIT FUNCTION!!!&lt;/B&gt;]]></description>
		<content:encoded><![CDATA[<p>err testify was probably the wrong word.  Give evidence to the NCAA against the players he paid.</p>
<p>edit function!!!<br />
EDIT FUNCTION!!!<br />
<b>EDIT FUNCTION!!!</b></p>
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		<title>By: churchoftheperpetuallyoutraged</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460766</link>
		<dc:creator><![CDATA[churchoftheperpetuallyoutraged]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 22:17:11 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460766</guid>
		<description><![CDATA[&lt;blockquote&gt;The issue there was that the NCAA retained another party’s lawyer to conduct irrelevant discovery in a bankruptcy hearing, so that the NCAA could use that information in its own investigation.&lt;/blockquotE&gt;

It&#039;s actually a lot worse than that.  Shapiro, a convicted felon for running a $900M+ ponzy scheme, was actually paid by the NCAA to testify against players he actually gave money too.  The NCAA authorized these payments, after saying they didn&#039;t.  They also purchased a burner phone for him to use in prison so they could continue their investigation and paid the bills as well as contributed to his prison &quot;bank&quot; account.]]></description>
		<content:encoded><![CDATA[<blockquote><p>The issue there was that the NCAA retained another party’s lawyer to conduct irrelevant discovery in a bankruptcy hearing, so that the NCAA could use that information in its own investigation.</p></blockquote>
<p>It&#8217;s actually a lot worse than that.  Shapiro, a convicted felon for running a $900M+ ponzy scheme, was actually paid by the NCAA to testify against players he actually gave money too.  The NCAA authorized these payments, after saying they didn&#8217;t.  They also purchased a burner phone for him to use in prison so they could continue their investigation and paid the bills as well as contributed to his prison &#8220;bank&#8221; account.</p>
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		<title>By: churchoftheperpetuallyoutraged</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460765</link>
		<dc:creator><![CDATA[churchoftheperpetuallyoutraged]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 22:14:50 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460765</guid>
		<description><![CDATA[&lt;blockquote&gt;In the former case, there is no legal use for the substances by the buyers,&lt;/blockquote&gt;

IANAL, but if there are legal uses of the substances, how does that work then?  Because there are legitimate uses of HGH and steroids, if prescribed by a doctor.]]></description>
		<content:encoded><![CDATA[<blockquote><p>In the former case, there is no legal use for the substances by the buyers,</p></blockquote>
<p>IANAL, but if there are legal uses of the substances, how does that work then?  Because there are legitimate uses of HGH and steroids, if prescribed by a doctor.</p>
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		<title>By: 4356gejm</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460764</link>
		<dc:creator><![CDATA[4356gejm]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 22:14:07 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460764</guid>
		<description><![CDATA[In case you haven&#039;t noticed, gun and liquor manufacturers have been and are being sued for product liability.  That&#039;s why warning labels appear on the packaging nowadays.

In any event, you armchair pundits always gloss over the details in your outrage.  Reading these comments is a bit like listening to Carl Pilkington.  It&#039;s a wonder that you still know how to breathe.

There are critical differences here with the hypotheticals you propose.  Primarily that the products in question, steroids, are controlled substances that only may be prescribed by doctors, if they are FDA-approved, that is, and have no other uses by the players that are not illegal and in violation of their contracts and collective bargaining agreement, facts well-known to both the players and sellers.  Both guns and liquor have substantial legal uses outside of the illegal ones you mention, and their legal sellers in most instances have no reasonable way to know whether a buyer of their products intends to use them illegally.  In  situations where they do, they get sued, like a bar that sells to a drunk who crashes, or a gun seller that ignores obvious signs of a criminal buyer.  So the theory of liability here depends on additional facts not applicable to the gun and liquor sellers and does not support a case against them as you propose.  So stop getting yourself and others worked up about a false analogy.]]></description>
		<content:encoded><![CDATA[<p>In case you haven&#8217;t noticed, gun and liquor manufacturers have been and are being sued for product liability.  That&#8217;s why warning labels appear on the packaging nowadays.</p>
<p>In any event, you armchair pundits always gloss over the details in your outrage.  Reading these comments is a bit like listening to Carl Pilkington.  It&#8217;s a wonder that you still know how to breathe.</p>
<p>There are critical differences here with the hypotheticals you propose.  Primarily that the products in question, steroids, are controlled substances that only may be prescribed by doctors, if they are FDA-approved, that is, and have no other uses by the players that are not illegal and in violation of their contracts and collective bargaining agreement, facts well-known to both the players and sellers.  Both guns and liquor have substantial legal uses outside of the illegal ones you mention, and their legal sellers in most instances have no reasonable way to know whether a buyer of their products intends to use them illegally.  In  situations where they do, they get sued, like a bar that sells to a drunk who crashes, or a gun seller that ignores obvious signs of a criminal buyer.  So the theory of liability here depends on additional facts not applicable to the gun and liquor sellers and does not support a case against them as you propose.  So stop getting yourself and others worked up about a false analogy.</p>
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		<title>By: churchoftheperpetuallyoutraged</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460761</link>
		<dc:creator><![CDATA[churchoftheperpetuallyoutraged]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 22:12:04 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460761</guid>
		<description><![CDATA[&lt;blockquote&gt;Brady Anderson...And those are just the ones we know of.&lt;/blockquote&gt;

How do we &lt;i&gt;know&lt;/i&gt; that Anderson took steroids, and by know I mean not that farce of an investigation called the Mitchell Report?  Because one year he hit a ton of HR&#039;s and didn&#039;t any of the remaining years?  Well where&#039;s the speculation about Roger Maris, who did the same thing?  Steroids were prevalent in the world of sports back then, why does he get off unblemished?

Melky&#039;s peripherals were very similar to the year before, and what difference they did have was largely due to an increase in BABIP.  If you want to suggest that steroids help increase a player&#039;s ability to hit the ball where the defenders aren&#039;t, well [citation needed]]]></description>
		<content:encoded><![CDATA[<blockquote><p>Brady Anderson&#8230;And those are just the ones we know of.</p></blockquote>
<p>How do we <i>know</i> that Anderson took steroids, and by know I mean not that farce of an investigation called the Mitchell Report?  Because one year he hit a ton of HR&#8217;s and didn&#8217;t any of the remaining years?  Well where&#8217;s the speculation about Roger Maris, who did the same thing?  Steroids were prevalent in the world of sports back then, why does he get off unblemished?</p>
<p>Melky&#8217;s peripherals were very similar to the year before, and what difference they did have was largely due to an increase in BABIP.  If you want to suggest that steroids help increase a player&#8217;s ability to hit the ball where the defenders aren&#8217;t, well [citation needed]</p>
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		<title>By: 4356gejm</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460730</link>
		<dc:creator><![CDATA[4356gejm]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 21:33:13 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460730</guid>
		<description><![CDATA[@Kevin - I don&#039;t know about amhendrick&#039;s knowledge of the law, but yours I question.  The count is for tortious interference with contract.  There is an element of intent.  That intent could be as little as negligence, i.e. you acted knowing that there was a substantial likelihood that the harm would occur.  In other words, you sold PEDs to the players under contract with us knowing that there was a substantial likelihood that this would cause them to breach their contract with us.  So a claim against the telescope, sandpaper, and Vaseline manufacturers would have to allege that they put their products into the market knowing that there was a substantial likelihood that they would be used to cheat in baseball.  In the former case, there is no legal use for the substances by the buyers, and the sellers knew both that the players would use them and that their use would violate their contracts.  In the latter, there is substantial non-cheating use for the products, and their use for cheating in baseball  is not reasonably forseeable by the manufacturers.  The thumbs down for amhendrick must be from people who don&#039;t understand the law, who are unhappy with its consequences, or who simply are knee-jerk against the owners.  Are the owners hypocritical to go after the players now?  Sure.  Does that mean that their legal tactic will not work?  As Clint once said, &quot;Deserve&#039;s got nothing to do with it.&quot;]]></description>
		<content:encoded><![CDATA[<p>@Kevin &#8211; I don&#8217;t know about amhendrick&#8217;s knowledge of the law, but yours I question.  The count is for tortious interference with contract.  There is an element of intent.  That intent could be as little as negligence, i.e. you acted knowing that there was a substantial likelihood that the harm would occur.  In other words, you sold PEDs to the players under contract with us knowing that there was a substantial likelihood that this would cause them to breach their contract with us.  So a claim against the telescope, sandpaper, and Vaseline manufacturers would have to allege that they put their products into the market knowing that there was a substantial likelihood that they would be used to cheat in baseball.  In the former case, there is no legal use for the substances by the buyers, and the sellers knew both that the players would use them and that their use would violate their contracts.  In the latter, there is substantial non-cheating use for the products, and their use for cheating in baseball  is not reasonably forseeable by the manufacturers.  The thumbs down for amhendrick must be from people who don&#8217;t understand the law, who are unhappy with its consequences, or who simply are knee-jerk against the owners.  Are the owners hypocritical to go after the players now?  Sure.  Does that mean that their legal tactic will not work?  As Clint once said, &#8220;Deserve&#8217;s got nothing to do with it.&#8221;</p>
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		<title>By: 4356gejm</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460708</link>
		<dc:creator><![CDATA[4356gejm]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 21:14:16 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460708</guid>
		<description><![CDATA[uncle moses - MLB doesn&#039;t need anything to get document production.  The complaint will only be dismissed without discovery if it doesn&#039;t state a cause of action, i.e., accepting the allegations in the complaint as true, is there a case?  The way motions are decided in court is, the court accepts the allegations of the non-moving party as true, and asks if the motion nevertheless should be granted.  Here, Biogenesis will move to dismiss, and the court will say, if we accept MLB&#039;s allegation that they have suffered financial harm, does their complaint state a valid cause of action?  Answer - yes.  But Biogenesis says, no your honor, MLB made millions.  The court says, oh really, how do you know?  Biogenesis - it&#039;s in their records.  And how will BioGenesis get those records?  Discovery.  Voila - goose and gander both get discovery, and MLB gets what it wants.]]></description>
		<content:encoded><![CDATA[<p>uncle moses &#8211; MLB doesn&#8217;t need anything to get document production.  The complaint will only be dismissed without discovery if it doesn&#8217;t state a cause of action, i.e., accepting the allegations in the complaint as true, is there a case?  The way motions are decided in court is, the court accepts the allegations of the non-moving party as true, and asks if the motion nevertheless should be granted.  Here, Biogenesis will move to dismiss, and the court will say, if we accept MLB&#8217;s allegation that they have suffered financial harm, does their complaint state a valid cause of action?  Answer &#8211; yes.  But Biogenesis says, no your honor, MLB made millions.  The court says, oh really, how do you know?  Biogenesis &#8211; it&#8217;s in their records.  And how will BioGenesis get those records?  Discovery.  Voila &#8211; goose and gander both get discovery, and MLB gets what it wants.</p>
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		<title>By: 4356gejm</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460688</link>
		<dc:creator><![CDATA[4356gejm]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 20:57:42 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460688</guid>
		<description><![CDATA[@dparker713 - MLB will not need to provide documents before discovery begins.  They get discovery as a matter of right upon filing the complaint.  That&#039;s the whole point of discovery - to allow parties to obtain the evidence to prove their claims.  And by the time the other side is in a position to move for a summary judgment that there is no evidence of actual damages, MLB will have the records it wants to use against the players.]]></description>
		<content:encoded><![CDATA[<p>@dparker713 &#8211; MLB will not need to provide documents before discovery begins.  They get discovery as a matter of right upon filing the complaint.  That&#8217;s the whole point of discovery &#8211; to allow parties to obtain the evidence to prove their claims.  And by the time the other side is in a position to move for a summary judgment that there is no evidence of actual damages, MLB will have the records it wants to use against the players.</p>
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		<title>By: chc4</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460675</link>
		<dc:creator><![CDATA[chc4]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 20:44:19 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460675</guid>
		<description><![CDATA[Here&#039;s the key part of the story from ESPN at the time:

Romero said on Monday that he bought a supplement from a GNC store in Cherry Hill, N.J., in July. The Major League Baseball Players Association had told players the supplement was acceptable, but now the Philadelphia Phillies left-hander will receive a suspension and lose $1.25 million. 

The PA did him wrong. But fact is he still violated the drug policy. If MLB starts making exceptions then it becomes a very slippery slope. Romero should&#039;ve sued the union for the $1.25m in lost wages. He had a great case. But there is no way to claim the ruling to suspend was unfair or &quot;draconian&quot;.]]></description>
		<content:encoded><![CDATA[<p>Here&#8217;s the key part of the story from ESPN at the time:</p>
<p>Romero said on Monday that he bought a supplement from a GNC store in Cherry Hill, N.J., in July. The Major League Baseball Players Association had told players the supplement was acceptable, but now the Philadelphia Phillies left-hander will receive a suspension and lose $1.25 million. </p>
<p>The PA did him wrong. But fact is he still violated the drug policy. If MLB starts making exceptions then it becomes a very slippery slope. Romero should&#8217;ve sued the union for the $1.25m in lost wages. He had a great case. But there is no way to claim the ruling to suspend was unfair or &#8220;draconian&#8221;.</p>
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		<title>By: Kevin S.</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460652</link>
		<dc:creator><![CDATA[Kevin S.]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 20:25:36 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460652</guid>
		<description><![CDATA[You&#039;re moving the goalposts.  I didn&#039;t say it was all MLB&#039;s fault, I said it was draconian.  JC Romero did everything he was supposed to do and still got punished.  That&#039;s draconian.]]></description>
		<content:encoded><![CDATA[<p>You&#8217;re moving the goalposts.  I didn&#8217;t say it was all MLB&#8217;s fault, I said it was draconian.  JC Romero did everything he was supposed to do and still got punished.  That&#8217;s draconian.</p>
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		<title>By: chc4</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460569</link>
		<dc:creator><![CDATA[chc4]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 19:00:31 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460569</guid>
		<description><![CDATA[Kevin -- the suspension policy was negotiated in the last CBA. If the players don&#039;t like then too bad.... blame the MLBPA leader. They signed off on it. Can&#039;t blame Selig or MLB for that.]]></description>
		<content:encoded><![CDATA[<p>Kevin &#8212; the suspension policy was negotiated in the last CBA. If the players don&#8217;t like then too bad&#8230;. blame the MLBPA leader. They signed off on it. Can&#8217;t blame Selig or MLB for that.</p>
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		<title>By: chc4</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460565</link>
		<dc:creator><![CDATA[chc4]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:55:15 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460565</guid>
		<description><![CDATA[Brady Anderson? Melky&#039;s only really good season? Bonds going from a skinny doubles hitter to the all time HR king. McGwire and Sosa hitting 70+ when no one has come close since? And those are just the ones we know of. Guys take the stuff for a reason.]]></description>
		<content:encoded><![CDATA[<p>Brady Anderson? Melky&#8217;s only really good season? Bonds going from a skinny doubles hitter to the all time HR king. McGwire and Sosa hitting 70+ when no one has come close since? And those are just the ones we know of. Guys take the stuff for a reason.</p>
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		<title>By: chc4</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460563</link>
		<dc:creator><![CDATA[chc4]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:51:06 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460563</guid>
		<description><![CDATA[Kevin... you&#039;re conveniently only telling part of the story. This is from a previous Craig article:

&quot;That list, a source familiar with Bosch’s operation told “Outside the Lines,” indicates that those players received performance-enhancing drugs from Bosch, and owed him money. The document, one of dozens obtained by “Outside the Lines,” suggests a closer link to Bosch and the now-shuttered clinic he ran in Coral Gables, Fla., than Braun has acknowledged.&quot;
________________________________________________________
So let me get this straight... Braun tests positive for PEDs but it&#039;s overturn b/c of a broken seal. I get why MLB tossed the results... protocol was not followed. But in order for his urine sample to test positive and Braun not have taken PEDs, one has to assume the handler intentionally tampered with it. Or someone after him did. Seems highly unlikely. 

Then add Braun&#039;s name appearing in the Biogenesis books with Melky, Colon, Arod, Grandal and others... just don&#039;t see how it can all be one big coincidence. Just b/c something can&#039;t be proven doesn&#039;t mean a guy is innocent. See OJ.]]></description>
		<content:encoded><![CDATA[<p>Kevin&#8230; you&#8217;re conveniently only telling part of the story. This is from a previous Craig article:</p>
<p>&#8220;That list, a source familiar with Bosch’s operation told “Outside the Lines,” indicates that those players received performance-enhancing drugs from Bosch, and owed him money. The document, one of dozens obtained by “Outside the Lines,” suggests a closer link to Bosch and the now-shuttered clinic he ran in Coral Gables, Fla., than Braun has acknowledged.&#8221;<br />
________________________________________________________<br />
So let me get this straight&#8230; Braun tests positive for PEDs but it&#8217;s overturn b/c of a broken seal. I get why MLB tossed the results&#8230; protocol was not followed. But in order for his urine sample to test positive and Braun not have taken PEDs, one has to assume the handler intentionally tampered with it. Or someone after him did. Seems highly unlikely. </p>
<p>Then add Braun&#8217;s name appearing in the Biogenesis books with Melky, Colon, Arod, Grandal and others&#8230; just don&#8217;t see how it can all be one big coincidence. Just b/c something can&#8217;t be proven doesn&#8217;t mean a guy is innocent. See OJ.</p>
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		<title>By: bh192012</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460555</link>
		<dc:creator><![CDATA[bh192012]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:44:00 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460555</guid>
		<description><![CDATA[This seems like something that MLB thought up while brainstorming, and should have been thrown out.  It doesn&#039;t sound workable.]]></description>
		<content:encoded><![CDATA[<p>This seems like something that MLB thought up while brainstorming, and should have been thrown out.  It doesn&#8217;t sound workable.</p>
]]></content:encoded>
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	<item>
		<title>By: clydeserra</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460538</link>
		<dc:creator><![CDATA[clydeserra]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:25:33 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460538</guid>
		<description><![CDATA[the 30 owners would not be certified as a class.]]></description>
		<content:encoded><![CDATA[<p>the 30 owners would not be certified as a class.</p>
]]></content:encoded>
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	<item>
		<title>By: dparker713</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460533</link>
		<dc:creator><![CDATA[dparker713]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:19:59 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460533</guid>
		<description><![CDATA[MLB and the HOF are two separate entities.  Any damages caused to the HOF do not provide MLB with standing to sue.]]></description>
		<content:encoded><![CDATA[<p>MLB and the HOF are two separate entities.  Any damages caused to the HOF do not provide MLB with standing to sue.</p>
]]></content:encoded>
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	<item>
		<title>By: Kevin S.</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460526</link>
		<dc:creator><![CDATA[Kevin S.]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:16:32 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460526</guid>
		<description><![CDATA[We already know Gio wasn&#039;t in the notes for PEDs.  All the notes claimed were that Braun owed Bosch money.  Braun&#039;s legal team used Bosch as a consultant.  If you have some evidence the note referenced something else, by all means share it, but right now it&#039;s the only reason we&#039;ve heard for Braun being in there.]]></description>
		<content:encoded><![CDATA[<p>We already know Gio wasn&#8217;t in the notes for PEDs.  All the notes claimed were that Braun owed Bosch money.  Braun&#8217;s legal team used Bosch as a consultant.  If you have some evidence the note referenced something else, by all means share it, but right now it&#8217;s the only reason we&#8217;ve heard for Braun being in there.</p>
]]></content:encoded>
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	<item>
		<title>By: dparker713</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460525</link>
		<dc:creator><![CDATA[dparker713]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 18:14:47 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460525</guid>
		<description><![CDATA[Here&#039;s the main problem with their speculative damages claim.  If they want to proceed with a lawsuit, they&#039;ll need to submit supporting documents prior to discovery.  If you&#039;re the opposition, you demand the supporting documents be all of baseball&#039;s financials for the past 30 years.  No way in hell the owners let Selig continue his vendetta at that price.  The only public books we&#039;ve seen have been due to bankruptcy: one was an embarrassment, the other was criminal.]]></description>
		<content:encoded><![CDATA[<p>Here&#8217;s the main problem with their speculative damages claim.  If they want to proceed with a lawsuit, they&#8217;ll need to submit supporting documents prior to discovery.  If you&#8217;re the opposition, you demand the supporting documents be all of baseball&#8217;s financials for the past 30 years.  No way in hell the owners let Selig continue his vendetta at that price.  The only public books we&#8217;ve seen have been due to bankruptcy: one was an embarrassment, the other was criminal.</p>
]]></content:encoded>
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	<item>
		<title>By: chc4</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460494</link>
		<dc:creator><![CDATA[chc4]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 17:58:51 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460494</guid>
		<description><![CDATA[You really find Braun&#039;s reasoning plausible? How many times does he appear in the logs again? And in the same grouping as Melky, Arod and other suspected or known juicers? You can choose to believe whomever you want but don&#039;t be naive.]]></description>
		<content:encoded><![CDATA[<p>You really find Braun&#8217;s reasoning plausible? How many times does he appear in the logs again? And in the same grouping as Melky, Arod and other suspected or known juicers? You can choose to believe whomever you want but don&#8217;t be naive.</p>
]]></content:encoded>
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	<item>
		<title>By: Stiller43</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460451</link>
		<dc:creator><![CDATA[Stiller43]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 17:33:59 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460451</guid>
		<description><![CDATA[If theres anythinf i learned over the years, its that the more ridiculous the lawsuit, the more chance it has to win.]]></description>
		<content:encoded><![CDATA[<p>If theres anythinf i learned over the years, its that the more ridiculous the lawsuit, the more chance it has to win.</p>
]]></content:encoded>
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	<item>
		<title>By: cggarb</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460364</link>
		<dc:creator><![CDATA[cggarb]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 16:18:40 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460364</guid>
		<description><![CDATA[You don&#039;t quite have the facts right in the NCAA case.  The issue there was that the NCAA retained another party&#039;s lawyer to conduct irrelevant discovery in a bankruptcy hearing, so that the NCAA could use that information in its own investigation.

Both the judge in that bankruptcy case, and the Florida State Bar, are looking into it.
http://www.cbssports.com/collegefootball/story/21832777/federal-judge-florida-bar-eyeing-shapiro-attorney-in-miami-case

The concepts of malicious prosecution and abuse of process may be relevant here.]]></description>
		<content:encoded><![CDATA[<p>You don&#8217;t quite have the facts right in the NCAA case.  The issue there was that the NCAA retained another party&#8217;s lawyer to conduct irrelevant discovery in a bankruptcy hearing, so that the NCAA could use that information in its own investigation.</p>
<p>Both the judge in that bankruptcy case, and the Florida State Bar, are looking into it.<br />
<a href="http://www.cbssports.com/collegefootball/story/21832777/federal-judge-florida-bar-eyeing-shapiro-attorney-in-miami-case" rel="nofollow">http://www.cbssports.com/collegefootball/story/21832777/federal-judge-florida-bar-eyeing-shapiro-attorney-in-miami-case</a></p>
<p>The concepts of malicious prosecution and abuse of process may be relevant here.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: cggarb</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460348</link>
		<dc:creator><![CDATA[cggarb]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 16:04:53 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460348</guid>
		<description><![CDATA[Why does one have a &quot;credibility issue&quot; when they point out the total lack of empirical evidence to support one side&#039;s claim?  

Or did I miss the day someone produced evidence (as opposed to histrionic sports columns) that PED use leads to improved baseball performance.]]></description>
		<content:encoded><![CDATA[<p>Why does one have a &#8220;credibility issue&#8221; when they point out the total lack of empirical evidence to support one side&#8217;s claim?  </p>
<p>Or did I miss the day someone produced evidence (as opposed to histrionic sports columns) that PED use leads to improved baseball performance.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Old Gator</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460347</link>
		<dc:creator><![CDATA[Old Gator]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 16:04:39 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460347</guid>
		<description><![CDATA[Excellent point but, in all fairness, you  have to include the ownerships of the Kansas City Royals and Montreal Expos, too.]]></description>
		<content:encoded><![CDATA[<p>Excellent point but, in all fairness, you  have to include the ownerships of the Kansas City Royals and Montreal Expos, too.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: cggarb</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460346</link>
		<dc:creator><![CDATA[cggarb]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 16:03:14 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460346</guid>
		<description><![CDATA[Guys, when someone says &quot;it had to have caused damages.&quot;  Well, that&#039;s what Craig means by &quot;speculative damages.&quot;  A court doesn&#039;t just accept your conclusion that something &quot;must have&quot; hurt you.  They need proof.  Also called evidence.

While MLB could certainly find some economist willing to take their $450/hour expert witness fee, he&#039;ll need to base his testimony on MLB&#039;s actual financials -- to prove &quot;we would&#039;ve made $X+1,&quot; MLB will need to disclose what $X is.  

That, they ain&#039;t willing to do.  This is not a well thought out strategy.]]></description>
		<content:encoded><![CDATA[<p>Guys, when someone says &#8220;it had to have caused damages.&#8221;  Well, that&#8217;s what Craig means by &#8220;speculative damages.&#8221;  A court doesn&#8217;t just accept your conclusion that something &#8220;must have&#8221; hurt you.  They need proof.  Also called evidence.</p>
<p>While MLB could certainly find some economist willing to take their $450/hour expert witness fee, he&#8217;ll need to base his testimony on MLB&#8217;s actual financials &#8212; to prove &#8220;we would&#8217;ve made $X+1,&#8221; MLB will need to disclose what $X is.  </p>
<p>That, they ain&#8217;t willing to do.  This is not a well thought out strategy.</p>
]]></content:encoded>
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	<item>
		<title>By: Kevin S.</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460342</link>
		<dc:creator><![CDATA[Kevin S.]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 16:00:13 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460342</guid>
		<description><![CDATA[And yet they&#039;d &lt;i&gt; still&lt;/i&gt; have a better claim against Ono than MLB has against BioGenesis.]]></description>
		<content:encoded><![CDATA[<p>And yet they&#8217;d <i> still</i> have a better claim against Ono than MLB has against BioGenesis.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: nategearhart</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460328</link>
		<dc:creator><![CDATA[nategearhart]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 15:46:08 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460328</guid>
		<description><![CDATA[The Beatles are my absolute favorite band.  Yoko Ono did not break up the Beatles.  The Beatles broke up because John Lennon and Paul McCartney were arrogant, petty, self-centered, self-righteous, egotistical assholes.]]></description>
		<content:encoded><![CDATA[<p>The Beatles are my absolute favorite band.  Yoko Ono did not break up the Beatles.  The Beatles broke up because John Lennon and Paul McCartney were arrogant, petty, self-centered, self-righteous, egotistical assholes.</p>
]]></content:encoded>
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	<item>
		<title>By: Old Gator</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460278</link>
		<dc:creator><![CDATA[Old Gator]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 15:08:45 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460278</guid>
		<description><![CDATA[I think the solution is obvious. Throw Braun in the pond. If he drowns, he was innocent.]]></description>
		<content:encoded><![CDATA[<p>I think the solution is obvious. Throw Braun in the pond. If he drowns, he was innocent.</p>
]]></content:encoded>
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	<item>
		<title>By: Old Gator</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460275</link>
		<dc:creator><![CDATA[Old Gator]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 15:06:31 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460275</guid>
		<description><![CDATA[...Ricardo Mantalban]]></description>
		<content:encoded><![CDATA[<p>&#8230;Ricardo Mantalban</p>
]]></content:encoded>
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	<item>
		<title>By: jkcalhoun</title>
		<link>http://hardballtalk.nbcsports.com/2013/03/22/major-league-baseballs-lawsuit-against-biogenesis-should-be-laughed-out-of-court/comment-page-1/#comment-460270</link>
		<dc:creator><![CDATA[jkcalhoun]]></dc:creator>
		<pubDate>Fri, 22 Mar 2013 15:01:53 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=319584#comment-460270</guid>
		<description><![CDATA[Minor quibble: pre-filing risibility amounts to being laughed &lt;i&gt;into&lt;/i&gt; court.]]></description>
		<content:encoded><![CDATA[<p>Minor quibble: pre-filing risibility amounts to being laughed <i>into</i> court.</p>
]]></content:encoded>
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