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?
Sep 17, 2014, 1:47 PM EDT
When the Giants acquired Jake Peavy from the Red Sox in late July expectations were minimal.
Sep 17, 2014, 1:15 PM EDT
“His mindset is he wants to come back and play. Ours is, absolutely, if it can happen.”
Sep 17, 2014, 12:51 PM EDT
Jonathan Papelbon got seven games for the crotch-grab. Joe West gets one game for the Papelbon grab.
Sep 17, 2014, 12:28 PM EDT
Another day off for the Dodgers’ ailing shortstop.
Sep 17, 2014, 11:50 AM EDT
Most people either thought the O’s would lose this year or, at the very least, thought they’d win differently. Either way: they are the AL East champs.
Sep 17, 2014, 11:20 AM EDT
“Hey honey? I have some good news and some bad news . . . “
Sep 17, 2014, 10:53 AM EDT
Or, at the very least doubted his ability to turn the Orioles around.
Sep 17, 2014, 10:23 AM EDT
He has decided to add difficulty to it. Like, playing second base while sitting on his but in the infield dirt. Or starting double plays from his stomach, for example.
Sep 17, 2014, 9:40 AM EDT
Great Moments in Southern Hospitality.
Sep 17, 2014, 9:13 AM EDT
Rays pitchers have hit Yankees batters five times in the past week. Joe Girardi is sick of it.
Sep 17, 2014, 8:55 AM EDT
It’s musical chairs time in the Pacific Coast League.
Sep 17, 2014, 8:31 AM EDT
And the Braves and their announcers bear some of the blame for this baloney.
Sep 17, 2014, 7:08 AM EDT
Beer showers on the Beltway as the Nats and Orioles both clinch
Sep 17, 2014, 12:34 AM EDT
CSNBaltimore.com has some exclusive video of Orioles manager Buck Showalter getting showered with beer and champagne after his club clinched the American League East title on Tuesday night …
Sep 17, 2014, 12:07 AM EDT
Bryce Harper came prepared for the Nationals’ division title celebration with a custom helmet sent to him from the Washington, D.C. Fire Department. These photos come courtesy of CSNWashington.com …
Sep 16, 2014, 11:41 PM EDT
Watch as Astros second baseman Jose Altuve sets the franchise record for most hits in a season with a single through the middle of the infield on Tuesday night at Minute Maid Park in Houston …
Sep 16, 2014, 10:53 PM EDT
Watch the Orioles make the final out of Tuesday night’s AL East title clincher …
Sep 16, 2014, 10:10 PM EDT
A first in 17 years.
Sep 16, 2014, 10:05 PM EDT
Congratulations to the Washington Nationals, who’ve clinched their second NL East crown in three years.
Sep 16, 2014, 9:49 PM EDT
Derek Jeter’s retirement tour continued on Tuesday night at Tropicana Field with another set of cool gifts. Along with a $16,000 check for his Turn 2 Foundation and a framed Don Zimmer jersey presented by the widow of the former Yankees bench coach, Jeter also got this custom 16-foot pinstriped kayak …
- Umpire Joe West suspended for one game for his part in the Jonathan Papelbon incident 20
- And That Happened: Tuesday’s scores and highlights 76
- Jose Altuve breaks Craig Biggio’s franchise record, tallying his 211th hit of the season 11
- Orioles beat Blue Jays to clinch AL East title 38
- Tanner Roark dominates as Nationals clinch NL East 22
- Masahiro Tanaka to pitch on Sunday 11
- Astros shut down George Springer for the season 0
- The Blue Jays will make a qualifying offer to Melky Cabrera 26
- Chris Davis suspended 25 games for amphetamine use (92)
- A few thoughts about the discrimination lawsuit against the Mets (91)
- Giancarlo Stanton diagnosed with multiple facial fractures and dental damage (91)
- Bud Selig can’t remember the last domestic violence incident in Major League Baseball (88)
- A couple of initial thoughts on the Chris Davis suspension (83)