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?
Oct 20, 2014, 6:23 PM EDT
Royals manager Ned Yost chose Jason Vargas over James Shields to start Game 4 of the ALCS and now we know one factor that played into the decision: Shields was busy passing a kidney stone.
Oct 20, 2014, 6:13 PM EDT
Following in the footsteps of fellow MLB players Robinson Cano, CC Sabathia, and his teammate and countryman Rusney Castillo, Red Sox outfielder Yoenis Cespedes will now be represented by Jay Z’s Roc Nation Sports.
Oct 20, 2014, 5:17 PM EDT
Hudson revealed during today’s media session that the Royals actually made him a “very good offer.”
Oct 20, 2014, 5:09 PM EDT
Wanna buy the Royals’ recyclables?
Oct 20, 2014, 4:48 PM EDT
He was determined to leave the A’s either way.
Oct 20, 2014, 4:33 PM EDT
Someone asked Sergio Romo what country he’s from at media day today. Last I checked, California was still part of the United States.
Oct 20, 2014, 4:16 PM EDT
Morse has yet to start a game in the playoffs, but he hit .279 with 16 homers and an .811 OPS in 131 games during the regular season to rank second on the team in OPS behind only Buster Posey.
Oct 20, 2014, 3:40 PM EDT
Jay played through the injury since July, yet he hit .325 in August and September before going 14-for-29 (.483) in the postseason.
Oct 20, 2014, 3:00 PM EDT
Because it is unheard of for Yankees players to have outside interests.
Oct 20, 2014, 2:48 PM EDT
Keller spent 16 total seasons coaching in the Yankees organization, the last six of which have been on the MLB staff.
Oct 20, 2014, 2:14 PM EDT
“Taijuan is completely healthy and was very impressive in his two outings, but made a personal decision that he needed to return home at this time.”
Oct 20, 2014, 2:00 PM EDT
Every time there’s a bad call, Don Denkinger’s name gets mentioned. Now that the Royals are in the World Series, it’ll be mentioned more.
Oct 20, 2014, 1:47 PM EDT
His overall numbers, while not as ridiculously amazing as 2013, included a 2.52 ERA and 80/8 K/BB ratio in 64 innings.
Oct 20, 2014, 1:15 PM EDT
Oakland is looking to replace Chili Davis.
Oct 20, 2014, 12:45 PM EDT
This former Royals is a big part of why the current Royals are where they are.
Oct 20, 2014, 12:12 PM EDT
The second baseman, that is, not the Marlins pitcher.
Oct 20, 2014, 11:38 AM EDT
College and Major Leagues, that is.
Oct 20, 2014, 10:52 AM EDT
Hint: he doesn’t think it’s Buster Posey.
Oct 20, 2014, 10:15 AM EDT
You’d think such knowledge would be pretty valuable to have. Maybe they should license it to other sports teams.
Oct 20, 2014, 9:46 AM EDT
History’s Greatest Monster strikes again
- HBT Daily: How the Royals and Giants were built 4
- Two radio stations in San Francisco are refusing to play Lorde’s “Royals” during the World Series 38
- Royals tab James Shields, Yordano Ventura to start first two games of World Series 1
- Brian Roberts is retiring 13
- So, if you’re not a fan of the Royals or Giants, who ya got? 119
- Video: Watch Travis Ishikawa’s pennant-winning homer 13
- Travis Ishikawa sends Giants to World Series on walk-off three-run homer 79
- NLCS, Game 5: Cardinals vs. Giants lineups 30
- So, if you’re not a fan of the Royals or Giants, who ya got? (119)
- Pedro Martinez has some opinions about who the new “face of baseball” is (96)
- “The Kansas City Royals Are the Future of Baseball” — someone actually said that. (93)
- Andrew Friedman leaving the Rays to take over as Dodgers President of Baseball Operations (83)
- Quit making a big deal out of anomalies. Most of what happens is meaningless. (82)