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 3, 2015, 2:53 PM EDT
Varvaro was designated for assignment by Boston on April 29 after struggling badly in three straight relief appearances. He was very good in 2014 with the Braves …
May 3, 2015, 2:16 PM EDT
He was actually sent back to Chicago on Saturday while the team finishes up a four-game series at Minnesota’s Target Field.
May 3, 2015, 1:22 PM EDT
Walden felt discomfort in his right arm while warming up on Saturday afternoon. He told reporters after Saturday’s game that he’s not concerned, but it’s a scary situation for the Cardinals given how well the 27-year-old setup man pitched in April.
May 3, 2015, 12:30 PM EDT
Moore is scheduled throw around 20 pitches to his Tampa Bay teammates before their series finale on Sunday afternoon against the Orioles.
May 3, 2015, 11:43 AM EDT
Veteran outfielder Michael Bourn was held out of the Indians’ starting lineup on Saturday with what was called a cervical strain. That sounded like a pretty serious injury, but all appears to be fine …
May 3, 2015, 10:51 AM EDT
It was a very disappointing April for Rays outfielder Desmond Jennings, who hit .222/.306/.238 in 18 games. And now his May is off to a rough start too.
May 3, 2015, 10:04 AM EDT
Marisnick is also getting it done at the plate for the Astros, who are on a nine-game winning streak and have opened a six-game lead over the Angels in the American League West standings.
May 3, 2015, 9:27 AM EDT
First it was the Giants beating the Angels when Kole Calhoun’s hard grounder to the right side of the infield struck Taylor Featherston. A few hours later, the Dodgers won in similar fashion …
May 3, 2015, 8:32 AM EDT
For the second consecutive day, the Cardinals took down the visiting Pirates on an extra-inning walkoff.
May 2, 2015, 11:55 PM EDT
Are those “Keys to the Game” segments getting stale? FOX Sports San Diego put a fresh spin on it.
May 2, 2015, 11:15 PM EDT
More arm issues for Braves lefty Mike Minor.
May 2, 2015, 10:34 PM EDT
Torii Hunter said something dumb again.
May 2, 2015, 10:25 PM EDT
The Astros are good again!
May 2, 2015, 9:35 PM EDT
Nelson Cruz won’t stop hitting home runs.
May 2, 2015, 8:45 PM EDT
A stroke of luck bailed the Giants out in the ninth inning when their bullpen went into meltdown mode.
May 2, 2015, 7:55 PM EDT
One of the best pitchers in baseball history tells us how he’d approach the best player of this generation.
May 2, 2015, 7:05 PM EDT
The Cubs had an unfortunate series of events lead to a little league home run for Brewers outfielder Logan Schafer.
May 2, 2015, 6:10 PM EDT
Catcher Ryan Hanigan figures to be out until the All-Star break, according to Red Sox manager John Farrell.
May 2, 2015, 5:29 PM EDT
Billingsley hasn’t pitched in the majors in over two years.
May 2, 2015, 4:46 PM EDT
Ross went just 2-for-22 (.091) with three RBI over nine games during his brief stint with Oakland.
- Jordan Walden lands on disabled list with biceps injury 6
- Rays place outfielder Desmond Jennings on 15-day disabled list with bursitis in his left knee 0
- Settling the Score: Saturday’s results 29
- Torii Hunter doesn’t care what Floyd Mayweather has done outside of the boxing ring 115
- Yankees GM Brian Cashman acknowledges team won’t pay A-Rod $6 million bonus for 660th home run 69
- Willie Mays congratulates Alex Rodriguez for reaching 660 career home runs 31
- Settling the Score: Friday’s results 38
- Ryan Hanigan needs surgery, so the Red Sox will call up prospect Blake Swihart 15
- Pitchers batting is dumb and the DH should be universal (362)
- Comment of the Day: do not underestimate the seriousness of the anti-DH crowd (201)
- Monday’s White Sox/Orioles game postponed due to ongoing protests and violence in Baltimore (162)
- Protesters converge on Oriole Park at Camden Yards (149)
- The Orioles will play to no fans tomorrow; this weekend’s series will move to Tropicana Field (125)