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?
Mar 1, 2015, 6:05 PM EST
The Phillies kicked off the spring with a loss to a college team.
Mar 1, 2015, 3:24 PM EST
There’s been some talk that Angels right-hander Garrett Richards might be ready for the beginning of the 2015 regular season despite tearing the patellar tendon in his left knee last August. But manager Mike Scioscia put that to rest Sunday in camp …
Mar 1, 2015, 1:51 PM EST
MLB.com’s Joe Frisaro provides the visual evidence …
Mar 1, 2015, 11:33 AM EST
From the official Twitter account of the Los Angeles Dodgers …
Mar 1, 2015, 10:33 AM EST
Minoso, a native of Cuba, batted .298/.389/.459 with 1,963 hits, 186 home runs, and 1,023 RBI in parts of 17 major league seasons split between the Cleveland Indians, Chicago White Sox, St. Louis Cardinals, and Washington Senators.
Mar 1, 2015, 8:49 AM EST
Some highlights here from Rob Manfred’s sit-down Saturday at the Sloan Sports Analytics Conference …
Feb 28, 2015, 11:45 PM EST
The Padres signed outfielder Tyson Gillies to a minor league deal, perhaps hopeful he could turn his fortunes around with a new organization.
Feb 28, 2015, 10:40 PM EST
The Diamondbacks want Yasmany Tomas to get as many at-bats as possible during spring training, so he’ll be starting at both third base and in the outfield.
Feb 28, 2015, 9:35 PM EST
It’s odd to hear Jimmy Rollins say nice things about the Mets.
Feb 28, 2015, 8:27 PM EST
The Blue Jays brought in Dayan Viciedo to hold the fort until Michael Saunders returns from his knee injury.
Feb 28, 2015, 7:25 PM EST
Ruben Tejada has been something of a lightning rod, and he recently received criticism from a former teammate and mentor.
Feb 28, 2015, 6:20 PM EST
Josh Hamilton’s punishment for using a drug of abuse may end up not being much of a punishment at all.
Feb 28, 2015, 5:28 PM EST
Athletics outfielder Coco Crisp missed more than a week down the stretch in 2012 due to pinkeye and now he’s dealing with it again.
Feb 28, 2015, 4:19 PM EST
After trading the likes of Justin Upton, Jason Heyward, and Evan Gattis as well as adding a handful of veteran free agents, the Braves have a ton of new faces in camp this spring.
Feb 28, 2015, 3:15 PM EST
Marlins slugger Giancarlo Stanton had his season come to an end in horrific fashion last September when he suffered facial fractures and dental damage on a hit-by-pitch.
Feb 28, 2015, 2:18 PM EST
Juan Pierre showed his sense of humor on Twitter after announcing his retirement from baseball.
Feb 28, 2015, 1:31 PM EST
I guarantee you’ll learn something.
Feb 28, 2015, 1:03 PM EST
Sale suffered the injury unloading something off the back of his truck on Friday.
Feb 28, 2015, 12:10 PM EST
Chase Headley is expected to be the team’s regular third baseman this season, so Yankees manager Joe Girardi wants if Rodriguez can be a potential backup to Mark Teixeira.
Feb 28, 2015, 11:05 AM EST
That’s a new one.
- Blue Jays sign Dayan Viciedo to a minor league deal 7
- Chris Sale will be sidelined for three weeks with foot fracture 11
- Aramis Ramirez says 2015 will be his last year 32
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 299
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 51
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (299)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (131)
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training (114)
- Cuban prospect Yoan Moncada reportedly signs with the Red Sox for $31.5 million, plus $31.5 million in penalties (106)
- Brian Sabean says that California taxes are a hindrance to the Giants signing free agents (102)