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?
Jul 31, 2015, 11:55 PM EDT
John Axford has allowed runs in five consecutive appearances, blowing four saves. He’s out as the Rockies’ closer for now.
Jul 31, 2015, 11:27 PM EDT
Wilmer Flores: your feel-good story of the year.
Jul 31, 2015, 11:20 PM EDT
The Orioles designated struggling Orioles pitcher Bud Norris for assignment to make room for new outfielder Gerardo Parra on Friday.
Jul 31, 2015, 10:52 PM EDT
Starling Marte’s defense prevented Mark Melancon from blowing a save and potentially taking a loss.
Jul 31, 2015, 10:35 PM EDT
The Angels lose C.J. Wilson to an injury but are expected to get Jered Weaver back.
Jul 31, 2015, 10:08 PM EDT
It don’t matter if he’s left or right.
Jul 31, 2015, 9:53 PM EDT
Madison Bumgarner was upset Delino DeShields was upset.
Jul 31, 2015, 9:35 PM EDT
The Giants placed Tim Hudson on the disabled list, which created room on the roster for incoming pitcher Mike Leake.
Jul 31, 2015, 8:55 PM EDT
A.J. Burnett hits the DL with an elbow issue. Recently-acquired pitcher J.A. Happ will take his spot in the rotation.
Jul 31, 2015, 8:28 PM EDT
Diamondbacks GM Dave Stewart laughed when he recalled the Padres asking for Paul Goldschmidt in return in a potential trade involving Craig Kimbrel.
Jul 31, 2015, 7:49 PM EDT
Kendrys Morales is more nimble than we give him credit for being.
Jul 31, 2015, 7:20 PM EDT
Yankees pitching prospect Luis Severino will make his major league debut within the next week.
Jul 31, 2015, 6:14 PM EDT
Clayton Kershaw has been scratched from a start yet again due to a hip problem.
Jul 31, 2015, 5:37 PM EDT
Yes, I realize it’s silly to do this an hour after the trade deadline, as time is required to see how this stuff truly shakes out. But what is the Internet for if not kneejerk reactions?
Jul 31, 2015, 4:33 PM EDT
J.A. Happ and Joe Blanton, reunited.
Jul 31, 2015, 4:30 PM EDT
He was DFA’d by the Dodgers as soon as they got him but he may platoon at 1B for Pittsburgh.
Jul 31, 2015, 4:20 PM EDT
People thought they’d make four or five trades. They ended up doing nothing.
Jul 31, 2015, 4:15 PM EDT
We’re recapping all of the deals as they come down.
Jul 31, 2015, 4:11 PM EDT
Bullpen help for Chicago.
Jul 31, 2015, 3:59 PM EDT
The Mets add a big bat to their anemic offense. And they don’t have to part with Zack Wheeler to do it.
- The benches cleared in Friday’s Giants-Rangers game 141
- The Winners and Losers at the Trade Deadline 66
- 2015 MLB Trade Deadline Tracker 11
- Report: Yoenis Cespedes heading to the New York Mets 36
- The Blue Jays pick up Ben Revere from the Phillies 65
- Cubs trade for Dan Haren 28
- Cardinals add more bullpen help, get Jonathan Broxton from Brewers 13
- Orioles trade for Brewers outfielder Gerardo Parra 19
- The benches cleared in Friday’s Giants-Rangers game (159)
- Blue Jays acquire David Price from the Tigers (112)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- Royals make another big move, get Ben Zobrist from A’s (95)
- Report: Rockies trade Troy Tulowitzki to Blue Jays for Jose Reyes and prospects (90)