Mar 22, 2013, 7:44 AM EST
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?
Jan 25, 2015, 11:15 PM EST
Corey Kluber won the AL Cy Young Award for his great 2014 season and now the Indians will have to consider whether or not they want to sign him to a contract extension.
Jan 25, 2015, 10:35 PM EST
With Yovani Gallardo out of the picture, Brewers GM Doug Melvin said he’s not looking to add a notable starting pitcher.
Jan 25, 2015, 9:30 PM EST
Twins prospect Alex Meyer is open to contributing out of the bullpen if he doesn’t win a rotation spot in spring training.
Jan 25, 2015, 8:20 PM EST
The Mariners added some outfield depth, signing Endy Chavez to a minor league deal. They’re reportedly close to signing Franklin Gutierrez as well.
Jan 25, 2015, 7:10 PM EST
With Jonathan Papelbon likely staying in Philadelphia, the Brewers are turning their attention back to Francisco Rodriguez.
Jan 25, 2015, 6:05 PM EST
Rob Manfred’s suggestion to ban defensive shifting isn’t the best way to address some of the problems facing Major League Baseball.
Jan 25, 2015, 4:41 PM EST
MLB.com’s Alden Gonzalez wrote earlier this month that it’s unlikely Josh Hamilton will finish out his five-year, $125 million contract as a member of the Angels and that a trade may even be coming this season — in the third year of the five-year deal. But we can probably rule out a reunion with the Rangers.
Jan 25, 2015, 3:17 PM EST
Sean McAdam of CSNNewEngland.com shares the gory details about the painful facial surgery that Mike Napoli had earlier this offseason to help end his long battle with sleep apnea …
Jan 25, 2015, 2:58 PM EST
A nice gesture here from Max Scherzer, who signed a $210 million deal Monday with the Nationals …
Jan 25, 2015, 1:33 PM EST
Shi Davidi of Sportsnet.ca reports that the Blue Jays have ended their pursuit of Orioles executive Dan Duquette because Baltimore asked for 2014 first-round pick Jeff Hoffman and two other prospects in return.
Jan 25, 2015, 12:05 PM EST
Rob Manfred has officially been reigned in as the new commissioner of Major League Baseball and he said something controversial in a sit-down interview this weekend with ESPN’s Karl Ravech …
Jan 25, 2015, 11:02 AM EST
Another New York Daily News source added that A-Rod is looking “noticeably thinner and massless,” so you get the sense these bits of information — however truthful — definitely aren’t coming from his camp.
Jan 25, 2015, 9:39 AM EST
MLB Network looks back on the career of Ernie Banks, who died Friday at the age of 83 …
Jan 24, 2015, 10:40 PM EST
Tommy Milone underwent neck surgery in December to remove a benign tumor, but he was able to resume throwing just over two weeks later.
Jan 24, 2015, 9:35 PM EST
Top prospect Byron Buxton could be wearing a Twins uniform in the major leagues at some point this season according to GM Terry Ryan.
Jan 24, 2015, 8:30 PM EST
The Tigers and reliever Al Alburquerque avoided arbitration with a one-year deal on Saturday.
Jan 24, 2015, 7:25 PM EST
A Jonathan Papelbon trade to the Brewers may not be happening after all.
Jan 24, 2015, 6:20 PM EST
Franklin Gutierrez could make a return to the Mariners. The 31-year-old outfielder has had trouble staying healthy over the last few years.
Jan 24, 2015, 5:28 PM EST
Duensing he has been useful and durable as a middle reliever over the past two seasons, posting a 3.67 ERA (110 ERA+) in 115 1/3 innings over 135 appearances.
Jan 24, 2015, 4:53 PM EST
Beachy is currently making his way back from his second Tommy John surgery.
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