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 23, 2014, 9:28 AM EDT
One of baseball’s top analysts advocates for one of the dumber ideas you’ll hear in a long while.
Jul 23, 2014, 9:16 AM EDT
Zimmerman has missed 44 games this year. He’s about to miss more.
Jul 23, 2014, 8:55 AM EDT
Off the plane a half hour before game time, the hero by midnight.
Jul 23, 2014, 8:23 AM EDT
A seven nation army couldn’t cheer him up.
Jul 23, 2014, 7:17 AM EDT
Jonathan Lucory hit two homers last night, including the walkoff.
Jul 22, 2014, 10:24 PM EDT
Yankees shortstop Derek Jeter made a little more history on Tuesday night against the Rangers …
Jul 22, 2014, 9:37 PM EDT
Casey McGehee entered play on Tuesday evening with a batting average (.322) that is 54 points above his career mean (.268) and an RBI total (56) that ranks ninth in the National League. The 31-year-old third baseman fits the mold of a sell-high candidate. But it doesn’t sound like he’s going to be moved.
Jul 22, 2014, 8:41 PM EDT
Watch as Rangers outfielder Leonys Martin leaps above the right-center field wall at Yankee Stadium to rob Brian McCann of a home run in the bottom of the second inning Tuesday night …
Jul 22, 2014, 7:53 PM EDT
Mariners right-hander Taijuan Walker will be called back up from Triple-A Tacoma to start Wednesday night against the Mets at Seattle’s Safeco Field.
Jul 22, 2014, 7:08 PM EDT
Oscar Taveras has started just two of the Cardinals’ last seven games and the left-handed-hitting outfield prospect is not in St. Louis’ starting lineup on Tuesday night against Rays right-hander Jake Odorizzi. Getting the nod instead is the right-handed-hitting Allen Craig. What’s the deal?
Jul 22, 2014, 6:14 PM EDT
According to Brian Stull of CBS Sports 920, left-handed reliever Kevin Siegrist joined back up with the Cardinals on Tuesday in St. Louis and is expected to be activated from the disabled list on Wednesday.
Jul 22, 2014, 5:27 PM EDT
Troy Tulowitzki exited Saturday’s game with what the Rockies called a “cramp” in his quadriceps, but now the star shortstop is out of the lineup tonight for the third consecutive game and it’s clear the injury is more serious.
Jul 22, 2014, 5:15 PM EDT
Could be cool?
Jul 22, 2014, 4:46 PM EDT
A’s outfielder Josh Reddick is off the disabled list after missing all but one week of the past two months with knee problems.
Jul 22, 2014, 4:31 PM EDT
Apparently, one does not ask Kirk Gibson about the decisions he and his coaching staff make about on-the-field decisions.
Jul 22, 2014, 4:16 PM EDT
At this point the Rangers’ injury situation is absurd.
Jul 22, 2014, 4:00 PM EDT
After a bit of a dance, it seems like the early favorite to take over for Bud Selig is the favorite when it really matters.
Jul 22, 2014, 3:45 PM EDT
Darwin Barney logged 500-plus plate appearances for the Cubs each season from 2011-2013 and was the Opening Day second baseman this year, but today he was designated for assignment to make roster room for Emilio Bonifacio’s return from the disabled list.
Jul 22, 2014, 3:15 PM EDT
Justin Masterson tossed five innings in a minor-league rehab start Sunday, but rather than welcoming him back from the disabled list the Indians will have the right-hander make another rehab start.
Jul 22, 2014, 2:05 PM EDT
The softer side of Roy Halladay.
- Verducci: baseball should think about an “illegal defense” rule to combat shifts 0
- Chase Headley plays the hero in his first game in pinstripes 5
- And That Happened: Tuesday’s scores and highlights 15
- Rockies place Troy Tulowitzki on the disabled list 18
- Rob Manfred “heavily favored” to be Bud Selig’s replacement 29
- Yankees acquire Chase Headley from Padres 108
- And That Happened: Monday’s scores and highlights 39
- Cliff Lee struggles in first start back from disabled list 15