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 28, 2014, 11:41 PM EDT
The Red Sox hold some interesting cards going into Thursday’s trade deadline.
Jul 28, 2014, 10:26 PM EDT
With three hits against the Rangers this evening, Yankees shortstop Derek Jeter has passed Hall of Famer Carl Yastrzemski for seventh-place on baseball’s all-time hit list.
Jul 28, 2014, 9:20 PM EDT
The Giants currently have two players sidelined with concussions. Brandon Belt appears closer to returning than Hector Sanchez.
Jul 28, 2014, 8:28 PM EDT
Mark Teixeira is out of the Yankees’ starting lineup for the eighth straight game tonight due to a lower lat strain, but he’s aiming to make his return tomorrow.
Jul 28, 2014, 7:29 PM EDT
It’s not a big deal, but the Blue Jays and Royals have pulled off a trade this evening which will send infielder Danny Valencia to Toronto and catcher Erik Kratz and right-hander Liam Hendriks to Kansas City.
Jul 28, 2014, 6:51 PM EDT
We heard yesterday that the Dodgers have been in touch with the Red Sox about a deal for left-hander Jon Lester, but they figure to have plenty of competition leading up to Thursday’s non-waiver trade deadline.
Jul 28, 2014, 6:17 PM EDT
An impending free agent, Justin Masterson owns a disappointing 5.51 ERA over 18 starts this season and is currently on the disabled list with right knee inflammation.
Jul 28, 2014, 5:34 PM EDT
Looks like he picked the wrong week to not stop doing amphetamines.
Jul 28, 2014, 5:17 PM EDT
A’s outfielder Craig Gentry began the season on the disabled list with a back injury and now, after hitting just .264 with zero homers and a .625 OPS in 80 games, he’s going on the shelf again with a broken hand.
Jul 28, 2014, 5:03 PM EDT
Do the right thing and good things happen. Not always, but here, yes.
Jul 28, 2014, 4:46 PM EDT
Two weeks ago the Yankees acquired Jeff Francis from the A’s as a roster reinforcement, but now they’ve designated the journeyman left-hander for assignment.
Jul 28, 2014, 4:00 PM EDT
After a couple months worth of reports that Cole Hamels is not on the market . . . maybe he’s on the market.
Jul 28, 2014, 3:45 PM EDT
Bedard was demoted from the rotation to the bullpen three weeks ago, but has barely pitched since then and at age 35 could be nearing the end of the line.
Jul 28, 2014, 3:15 PM EDT
At this point I’m almost convinced that the ground balls are purposely doing strange things just to test the limits of what Simmons is capable of.
Jul 28, 2014, 3:04 PM EDT
Life begins at 37.
Jul 28, 2014, 2:44 PM EDT
Last week the Cubs designated infielder Darwin Barney for assignment and now Mark Gonzales of the Chicago Tribune reports that they’re close to trading him to the Dodgers.
Jul 28, 2014, 1:51 PM EDT
Twins outfielder Oswaldo Arcia was unhappy about striking out yesterday against the White Sox, so he snapped his bat over his knee, Bo Jackson-style.
Jul 28, 2014, 1:39 PM EDT
The NFL weighed in on domestic violence and concluded “eh, no big deal.” MLB has tended to avoid the matter altogether.
Jul 28, 2014, 1:18 PM EDT
Braves right fielder Jason Heyward left this afternoon’s game what the team is calling lower back soreness.
Jul 28, 2014, 12:46 PM EDT
Gwynn had a brief run as a regular for the Padres and Dodgers, but he profiles strictly as a backup outfielder at this point and at age 31 will likely have to prove himself at Triple-A for a while after hitting just .163 in 67 games for the Phillies.
- VIDEO: Derek Jeter passes Carl Yastrzemski for seventh on all-time hits list 14
- Ray Rice is awful, but let’s not pretend baseball has a great record on domestic violence 75
- And That Happened: Sunday’s scores and highlights 49
- Mariners’ interest in Matt Kemp is “very real” 29
- Astros players upset over Mark Appel’s promotion to Double-A, bullpen session in Houston 45
- Four theories about the Hall of Fame voting changes 24
- Troy Tulowitzki is visiting a sports hernia surgeon 10
- Settling the Score: Saturday’s results 29
- Expert’s Corner: How to troll fans of all 30 teams (201)
- Verducci: baseball should think about an “illegal defense” rule to combat shifts (165)
- Yankees acquire Chase Headley from Padres (108)
- David Ortiz passes Carl Yastrzemski on the all-time home run list — is he a Hall of Famer? (92)
- Ten years ago today the Alex Rodriguez-Jason Varitek brawl changed the narrative of the Sox-Yankees rivalry (88)