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?
Aug 28, 2014, 6:55 AM EDT
Every fifth day I wake up in the morning and see another impressive Clayton Kershaw pitching line.
Aug 27, 2014, 11:27 PM EDT
Red Sox shortstop Xander Bogaerts has passed MLB’s concussion protocol and will return from the 7-day disabled list this Saturday night.
Aug 27, 2014, 10:23 PM EDT
Andrelton Simmons kept the Braves’ late lead intact with this ridiculous play Wednesday night against the Mets …
Aug 27, 2014, 9:48 PM EDT
Orioles infielder Manny Machado underwent successful surgery Wednesday to repair a partially-torn ligament in his right knee.
Aug 27, 2014, 9:45 PM EDT
The Tigers entered play Wednesday night trailing the Royals by 1 1/2 games in the American League Central standings and were hoping to get another strong start from trade deadline acquisition David Price, who tossed eight innings of one-run ball last week in Tampa Bay. Price did not come through.
Aug 27, 2014, 8:59 PM EDT
Derek Jeter’s retirement tour continued Wednesday night at Detroit’s Comerica Park with another set of gifts …
Aug 27, 2014, 8:05 PM EDT
Watch as Cubs top outfield prospect Jorge Soler goes deep to left-center field in his first major league at-bat Wednesday evening at Great American Ball Park in Cincinnati …
Aug 27, 2014, 7:18 PM EDT
From Brian Stull of STL Baseball Weekly comes word that Michael Wacha has been cleared to begin a minor league rehab assignment Sunday with the Double-A Springfield Cardinals. Wacha threw a simulated game at Springfield on Wednesday afternoon and reported no issues with his shoulder.
Aug 27, 2014, 6:24 PM EDT
Rockies catcher Wilin Rosario continues to battle with inflammation in his left wrist and was officially placed on the 15-day disabled list Wednesday evening.
Aug 27, 2014, 4:30 PM EDT
Which, despite the name of it, usually isn’t as serious as a lot of other stuff that can afflict pitchers.
Aug 27, 2014, 4:16 PM EDT
Young signed a one-year, $7.25 million deal with the Mets this offseason in the hopes of building back his value before hitting the free agent market again, but instead he hit just .205 with eight homers and a .630 OPS in 88 games.
Aug 27, 2014, 3:45 PM EDT
Crow was an All-Star in 2011 and has a 3.35 ERA in 226 career innings through age 26, including a 3.86 ERA in 59 appearances this season.
Aug 27, 2014, 3:18 PM EDT
In the 10 games prior to the injury Ortiz hit .515 with four homers, three doubles, and a 1.606 OPS while the Red Sox went 2-8.
Aug 27, 2014, 3:05 PM EDT
Offerman ended a man’s career by hitting him with a bat. Now he has to pay for it.
Aug 27, 2014, 2:21 PM EDT
Alonso is arbitration eligible for the first time this offseason coming off a career-worst season in which he hit just .240 with seven homers and a .682 OPS in 84 games.
Aug 27, 2014, 1:30 PM EDT
The league that has no HGH testing and never gets criticized for its drug policies, has suspended a guy for a year for using a substance that is legal in two of the 22 states in which the NFL operates.
Aug 27, 2014, 1:13 PM EDT
Astros prospect Mark Appel was terrible at Single-A and then there was a weird quasi-controversy about him throwing a bullpen session in Houston, but now the former No. 1 overall pick is thriving at Double-A.
Aug 27, 2014, 1:00 PM EDT
Alex Gordon and the Royals fly under the radar, but here they are, on top of the AL Central.
Aug 27, 2014, 12:16 PM EDT
Cingrani has been on the Triple-A disabled list since late June with a strained shoulder and recently had to halt the start of a throwing program due to continued discomfort.
Aug 27, 2014, 11:50 AM EDT
“He’d probably punch me if heard me saying that but you’re really going to take your time and make sure he’s ready to go.”
- And That Happened: Wednesday’s scores and highlights 0
- David Price surrenders nine consecutive hits to the Yankees in the worst start of his career 17
- Video: Jorge Soler homers in his first major league at-bat 19
- Adam Wainwright has a “dead arm” 30
- HBT Daily: Alex Gordon and the Royals keep on rolling 12
- And That Happened: Tuesday’s scores and highlights 43
- Mariners extend general manager Jack Zduriencik’s contract 14
- Money, money, money (and Bud Selig’s nirvana) 16
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare (247)
- Forgiveness for Pete Rose? Not in this lifetime (144)
- Cuban outfielder Rusney Castillo to sign with the Red Sox for $72 million (96)
- Great Moments in Drug Testing and Punishment: The NFL Edition (94)
- A pitch clock in Major League Baseball? No thanks. (92)