Mar 22, 2013, 7:44 AM EDT
And should probably cause the lawyers who file it to be slapped with sanctions, but I’ll get to that in a minute.
In case you missed it, the backstory here is that Major League Baseball plans to sue Biogenesis today in an effort to obtain the documents it has thus far been unable to obtain and which it needs to punish ballplayers like Ryan Braun and Alex Rodriguez for taking performance enhancing drugs.
There are, however, a few slight problems with this strategy. The largest being that this is a transparent and cynical attempt by Major League Baseball to obtain documents to discipline its employees, not an attempt to vindicate an actual legal injury, and courts do not like to be used in such a fashion.
Baseball has loudly lamented that it (a) has no way of getting the Biogenesis documents; and thus (b) has no way of punishing the ballplayers named in the documents. For them to now, suddenly, tell a judge that this is really about redressing some legal injury it suffered at the hands of this little clinic is laughable in the extreme. If someone had handed them a box of documents last week they would have never considered suing Biogenesis. They are now suing with the sole intent of getting documents. Which is problematic because the purpose of the legal system is to redress legal injury, not to be used as a cudgel in some employment dispute involving non-parties to the lawsuit or to help sports leagues with their public relations problems.
Baseball’s lawyers probably realize this, so they will not be so dumb as to put the real purpose of the lawsuit in the complaint. They will assert some legal claim in the suit — maybe tortious interference with a business relationship? — and claim they were damaged. Indeed, an expert cited in the New York Times story about all of this lays out how that might look:
“If I sold drugs to a baseball player, the league might say it damaged the good will of the league and its ability to make money and prosper,” Eckhaus said. “That’s probably a good claim.”
This would be a fun deposition:
Defense lawyer: Mr. Selig, your claim asserts that baseball has not been able to make money and prosper as a result of performance enhancing drugs like those alleged to have been given to your players by my client, yes?
Selig: Yes sir!
Defense lawyer: Can you tell me, Mr. Selig, how baseball’s revenues, profits, attendance, TV ratings and popularity have been negatively impacted as performance enhancing drugs?
Defense lawyer: Mr. Selig, you’d agree with me, wouldn’t you, that since the mid-1990s through the present day, baseball has had unprecedented financial success, yes?
Defense lawyer: And that this period, often called The Steroid Era, is when performance enhancing drugs proliferated?
Defense lawyer: And that now baseball is experiencing a mind-boggling windfall due to television dollars and exploding franchise values?
Selig: … well, um, that may be true. But Mr. Lupica is really, really upset.
It’s total nonsense to suggest financial damage here. If baseball asserts in its complaint that it has suffered financial damage due to the actions of Biogenesis it is lying. If it does not assert financial damage the complaint will be thrown out for failing to state a legal claim.
And it may be total nonsense for Major League Baseball to articulate a theory of recovery even if some damages claim can be cobbled together. I no longer have access to my magic legal research resources, but I’d be rather surprised if there is any kind of rich case history in which companies have been allowed to sue drug dealers for selling to its employees. Employees are not the company’s property. They have no standing to assert such claims. Baseball would have a better claim against the NFL for damaging its brand than it would have against Anthony Bosch. The Beatles would have just as good a claim against Yoko Ono for breaking them up than Selig would have against Biogenesis.
Baseball is having a highly-publicized, real time temper tantrum. It has been impotent in its attempts to obtain the Biogenesis documents and it casting about for any way to obtain them. That it is now looking to waste scarce legal resources in an ill-conceived lawsuit to do what it has been unable to do otherwise is every bit as shameful as it is unlikely to succeed. If they get a bored judge who doesn’t care about such things maybe this has some legs for a while. If they get a judge like most judges I’ve ever known — ones who do not abide nonsense like this — they could very well find their lawsuit dismissed with a quickness and their lawyers sanctioned as a result of the frivolity of the claims they are about to assert.
But hey, there’s part of me which actually wants this thing to go forward. Because if baseball is going to disingenuously claim that it has suffered financial damages as a result of all of this, it will have to turn over financial documents to prove that such damages exist. Tell me: when was the last time baseball was eager to do that?
May 22, 2015, 11:59 PM EDT
Mike Trout is pretty good at this baseball thing.
May 22, 2015, 11:40 PM EDT
Bad news for the reeling Marlins: starters Mat Latos and Henderson Alvarez both will take at least a couple of weeks off due to injuries.
May 22, 2015, 11:05 PM EDT
Ichiro Suzuki may be close to the end of a brilliant career, but he’s not done moving up baseball’s all-time leaderboards.
May 22, 2015, 10:25 PM EDT
Nelson Cruz kept pace with Bryce Harper, taking back the MLB lead in home runs shortly after losing it.
May 22, 2015, 9:35 PM EDT
Stephen Vogt has been baseball’s best-hitting catcher and GM Billy Beane plans to hold onto him.
May 22, 2015, 8:40 PM EDT
Athletes aren’t born with an ability to speak with the media. We got a look into a media coaching session between Athletics closer Sean Doolittle and girlfriend Eireann Dolan.
May 22, 2015, 7:51 PM EDT
The Dodgers added some pitching depth on Friday, acquiring pitcher Eric Surkamp from the White Sox.
May 22, 2015, 7:45 PM EDT
The White Sox are managing Carlos Rodon’s workload so they pushed the lefty’s start back from Monday.
May 22, 2015, 6:55 PM EDT
Coco Crisp will go back on the disabled list, but has chosen against having career-ending surgery.
May 22, 2015, 6:05 PM EDT
The Mets appear to be heading towards using a six-man rotation after Dillon Gee returns on Saturday.
May 22, 2015, 4:47 PM EDT
The Yankees firmly believe that the only people allowed to disparage Alex Rodriguez are the Yankees.
May 22, 2015, 3:45 PM EDT
Castillo is starting tonight in right field.
May 22, 2015, 2:50 PM EDT
Janssen was signed for $5 million to replace Tyler Clippard as the Nationals’ primary setup man.
May 22, 2015, 2:30 PM EDT
When I see you smile, Barry, I can face the world. You know I can do anything. When I see you smile, I see a ray of light.
May 22, 2015, 2:21 PM EDT
21-year-old right-hander Norge Ruiz.
May 22, 2015, 1:30 PM EDT
But Major League Baseball’s silliness about these kinds of infractions, however, will continue on unabated.
Quote of the Day: Freddie Freeman inadvertently illustrates the silliness of the foreign substance rules
May 22, 2015, 11:03 AM EDT
Paraphrased: “Smith should be way less obvious about the fact that he’s trying to keep us safe!”
May 22, 2015, 10:47 AM EDT
Travis has been a huge bright spot for Toronto this season.
May 22, 2015, 10:30 AM EDT
At least that’s what Molly Knight reports from Japan, and I’m inclined to agree.
May 22, 2015, 10:15 AM EDT
Mujica actually managed to pick up the ball and make a throw to first base for the out.
- Video: Mike Trout makes a ridiculous slide to beat the tag at third base 0
- Cuba’s best pitching prospect is on his way to America 17
- Will Smith suspended for eight games for the foreign substance on his arm 58
- Will Smith’s ejection once again shows baseball’s silly approach to foreign substance rules 48
- And That Happened: Thursday’s scores and highlights 95
- Who really owns a home run ball? 65
- The story behind the Nationals squirting chocolate syrup on each other after big wins 43
- And That Happened: Wednesday’s scores and highlights 131
- And That Happened: Wednesday’s scores and highlights (131)
- Bryce Harper on Marvin Hudson ejection: “I don’t think 40,000 people came to watch him ump” (130)
- Bryce Harper ejected for second time in a week (122)
- GM Dan Jennings to be named the Marlins new manager. And it’s a terrible idea. (111)
- And That Happened: Tuesday’s scores and highlights (101)