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?
Apr 20, 2014, 6:00 PM EDT
Chipper Jones is not a fan of Carlos Gomez.
Apr 20, 2014, 5:20 PM EDT
Dodgers ace Clayton Kershaw threw a 51-pitch, three-inning simulated game on Sunday in Los Angeles and could soon be cleared to embark on a minor league rehab assignment.
Apr 20, 2014, 4:12 PM EDT
The Cardinals have decided on a fill-in for starting pitcher Joe Kelly, who was placed on the 15-day disabled list Thursday with a strained left hamstring that he suffered Wednesday while trying to beat out a groundball. It’ll be 26-year-old lefty Tyler Lyons.
Apr 20, 2014, 3:07 PM EDT
A pretty vicious brawl just went down at PNC Park after Carlos Gomez of the Brewers went into home run celebration mode after slugging a Gerrit Cole pitch to the top of the center field wall …
Apr 20, 2014, 2:43 PM EDT
As first relayed by FOX Sports’ Ken Rosenthal, the Twins have claimed outfielder Sam Fuld off waivers from the A’s. Fuld was designated for assignment by Oakland last Saturday.
Apr 20, 2014, 1:51 PM EDT
MLB.com’s Carrie Muskat reports that Cubs top shortstop prospect Javier Baez is back in the lineup Sunday afternoon at Triple-A Iowa after missing a little over a week with soreness in his left ankle. He’ll serve as Iowa’s DH initially.
Apr 20, 2014, 1:08 PM EDT
Yankees first baseman Mark Teixeira is recovered from his Grade 1 right hamstring strain and is starting Sunday for the first time in over two weeks.
Apr 20, 2014, 12:14 PM EDT
The Tigers acquired Alex Gonzalez from the Orioles in late March after losing Jose Iglesias for the year and the veteran shortstop smacked a walkoff RBI single for Detroit on Opening Day. But he managed just three hits in 28 plate appearances after that and was officially released from the 25-man roster on Sunday.
Apr 20, 2014, 11:30 AM EDT
Jose Valverde allowed three runs in an inning of work Saturday night against the Braves — the latest in a string of rough outings. So manager Terry Collins decided Sunday morning to make a change …
Apr 20, 2014, 10:49 AM EDT
Yankees starter Ivan Nova has been diagnosed with a partially-torn ulnar collateral ligament in his right elbow — an injury that almost always leads to Tommy John surgery.
Craig Kimbrel struggles in return from right shoulder issue, apologizes for reaction to being pulled
Apr 20, 2014, 10:15 AM EDT
Craig Kimbrel was called on Saturday for the first time since complaining of discomfort in his shoulder last Monday. The appearance did not go smoothly.
Apr 20, 2014, 9:37 AM EDT
Watch as Angels first baseman Albert Pujols moved to within two home runs of the big 500-homer milestone on Saturday afternoon against Tigers closer Joe Nathan …
Apr 20, 2014, 8:52 AM EDT
Mark Buehrle pitched seven innings of shutout ball and Jose Reyes had an RBI single in his first game back from a hamstring strain as Toronto rolled to a 5-0 win over the Indians on Saturday afternoon in Cleveland. Buehrle yielded just four hits and is now 4-0 on the season with a 0.64 ERA in 28 innings.
Apr 19, 2014, 11:45 PM EDT
Ike Davis makes a good impression with his new team.
Apr 19, 2014, 11:10 PM EDT
Evan Longoria climbs to the top of yet another Rays franchise leaderboard.
Apr 19, 2014, 10:30 PM EDT
John Lannan will report to Triple-A Las Vegas after being outrighted on Wednesday by the Mets.
Apr 19, 2014, 9:50 PM EDT
Veteran Chris Snyder hangs up the spikes, ending a ten-year stint in the big leagues.
Apr 19, 2014, 9:00 PM EDT
The Rangers lost Jim Adduci with a broken finger, but have called up one of their top prospects.
Apr 19, 2014, 8:15 PM EDT
The Braves could get Gavin Floyd back in early May after he makes at least two more rehab starts.
Apr 19, 2014, 7:35 PM EDT
The camera guy made a faux pas during the first inning of Saturday’s Angels-Tigers game.
- Benches clear in Pittsburgh after the Brewers’ Carlos Gomez bat flips a third-inning triple 76
- Yankees activate Mark Teixeira from the disabled list 0
- Ivan Nova diagnosed with a partially torn ulnar collateral ligament in his right elbow 23
- Settling the Score: Saturday’s results 34
- Bryce Harper pulled from Saturday’s game for not hustling 93
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists (248)
- “They Don’t Know Henry” (167)
- Doug Glanville’s story about being racially profiled at his own home (127)
- There is still a racial divide in baseball (112)
- Must-Click Link: Yasiel Puig’s harrowing journey to the United States (99)