Oct 4, 2013, 1:32 PM EDT
I finally finished reading A-Rod’s lawsuit against Major League Baseball. If you haven’t read it, go here. It may be one of those most over-the-top, Earth-scorching lawsuits I’ve ever seen. Certainly in a sports context.
It’s Alex Rodriguez attempting to put Bud Selig and Major League Baseball on trial for Collusion against free agents in the 80s, the Steroids Era — which A-Rod claims was largely authored by Bud Selig — and generally for trying to destroy Rodriguez’s career, reputation and earning potential. It did so, he claims, by paying off witnesses, leaking the details of the Biogenesis investigation to the media and singling him out as the target of a vendetta. The complaint reads like acid in places, is hilarious in others and basically attempts to put baseball on trial for everything bad it has done since Selig has been around.
But so much of that is just noise and red meat for the press. A lawsuit is only as strong as its legal claims, and it’s worth noting that the legal end to all of these allegations is pretty small: two simple legal counts for tortious interference. One in which he alleged that Major League Baseball’s actions have caused him to lose out on business and endorsement deals and another in which he alleges that Major League Baseball is trying to interfere with his contract with the Yankees.
As we noted back in March when MLB filed its tortious interference suit against Biogenesis and again when San Jose sued MLB on tortious interference grounds back in June, such claims are often hard to establish. In order to prevail, you have to show the following:
- that you had a contract with a third party (or that prospective contracts were in the offing);
- that the defendant knowingly induced the third party to break the contract;
- that the defendant had an improper motive or means for doing so; and
- that you were harmed by such actions
In the Biogenesis suit, MLB’s harm, as stated in the complaint, was laughable. In the San Jose suit, San Jose’s contracts are imaginary, not real. In this case A-Rod can make valid claim to real contracts — his Yankees contract chief among them — and harm that will result from his suspension. But what I’m struggling with is how he will establish Major League Baseball’s improper motive and means.
Even if we think MLB has overreached — which I do — MLB has been acting and continues to act in furtherance of a valid drug enforcement regime. In collecting evidence, issuing discipline and suspending players, MLB has been fulfilling its legal obligations under the CBA, so the very act of the proceedings against A-Rod are, at least on the surface, valid. Maybe they secretly harbor a vendetta, but they have total deniability of that in saying that their motive here is to police PED use by baseball players.
So then we go to means. As A-Rod’s lawyers so helpfully remind everyone at paragraph 37 of the complaint, I personally think that the way in which MLB has gone about gathering evidence is bogus. The main tool they used — the Biogenesis lawsuit — is clearly a sham, designed to get documents and not actually redress injury. But that’s just my view. The court handling that case has validated the suit by refusing to dismiss it and by continuing to let major league baseball collect evidence and depose people. I think the court was wrong to do so, but it’ll be hard for A-Rod to get this court to rule that an active lawsuit is a tortious act in and of itself.
So then we get to the leaks. Again, I think there have been all kinds of loose lips in this case, but how will A-Rod establish that Major League Baseball has violated the confidentiality provisions of the CBA and JDA? Calling reporters to the stand and having them explain who at MLB told them what? We’ve seen that kind of drama before. Reporters will not burn their sources. And even if they did, are we really so naive as to think that only MLB has leaked things? I think we can confidently say that lots of different parties with lots of different agendas have leaked things. As such, it’d be hard for A-Rod to get a lot of traction here.
A final hurdle — although it may very well be a threshold issue in this case — is whether a court should actually hear this case in the first place. The JDA and CBA say that disputes between Major League Baseball and players should take place in arbitration. Obviously this suit is A-Rod’s way of saying that he no longer has to do that because MLB, in his view, has misbehaved. But a court may not buy that and may refuse to hear the case, saying it’s a matter of arbitration. If that happens, the lawsuit ends before it begins and A-Rod is back in the arbitration room every day.
What’s more — and this could loom pretty significantly — the players union itself, who is A-Rod’s nominal defense in the arbitration, has a vested interest in protecting the integrity of the arbitration process. The MLBPA, therefore, may feel obligated to break with A-Rod now and tell this court it shouldn’t hear the case because the arbitration must be respected. This would be a very big deal.
Which — now that I think about it — could be A-Rod’s plan. Well, his plan in addition to simply excoriating Bud Selig and Major League Baseball in as loud a voice as possible. The plan is this: Force his union representation to take a stand against him. That, in turn, blows up the arbitration which cannot go on if the union and league are now on the same side of a critical issue. With the arbitration in limbo, A-Rod and MLB are back to square one, A-Rod is eligible to play and there is no basis for denying him his paychecks. If such a thing were to happen, MLB may not want to proceed with a new arbitration. It may try to reach out to make a deal.
All of that is wild speculation, of course. But this is a wild case. And with it the Biogenesis matter, which we thought was nearing its end, may still have many twists and turns before its final resolution.
Sep 2, 2014, 7:10 AM EDT
Four Phillies combine for the no-no. I’m actually surprised we haven’t seen more of these in recent years.
Sep 1, 2014, 11:17 PM EDT
Miguel Cabrera had just one home run in August. He doubled that today.
Sep 1, 2014, 10:09 PM EDT
Bailey is currently deciding whether to undergo surgery for a flexor mass strain in his right elbow.
Jorge Soler is third player in last 100 years with an extra-base hit in each of his first five games
Sep 1, 2014, 9:11 PM EDT
Enos Slaughter (1933) and Will Middlebrooks (2012) are the only others.
Sep 1, 2014, 8:12 PM EDT
Acquired from the White Sox on Sunday, Adam Dunn made an instant impact in his A’s debut this afternoon.
Sep 1, 2014, 7:21 PM EDT
Franco got off to a slow start this season, but he has been on a tear in Triple-A since the start of July.
Sep 1, 2014, 6:31 PM EDT
The Brewers have had at least a share of first place since April 4.
Sep 1, 2014, 5:15 PM EDT
The Pacific Coast League MVP is on his way to L.A.
Sep 1, 2014, 4:21 PM EDT
Four pitchers, led by Cole Hamels, who handled six innings of it, combined to no-hit the Atlanta Braves.
Sep 1, 2014, 3:15 PM EDT
It sounds like Manny is a changed man
Sep 1, 2014, 2:30 PM EDT
As the Marlins’ playoff chances fade.
Sep 1, 2014, 1:44 PM EDT
He was already unofficially shut down. Now it’s all official-like.
Sep 1, 2014, 12:38 PM EDT
Reports of strife between Porter and the front office were apparently right on the nose.
Sep 1, 2014, 11:40 AM EDT
Old Hoss Radbourn is an amateur.
Sep 1, 2014, 10:51 AM EDT
The Brewers are tied for first place and need a boost.
Sep 1, 2014, 10:17 AM EDT
Maybe Yost should just tell Royals fans the exact number of people he needs in the seats for his team to play at its best.
Sep 1, 2014, 9:30 AM EDT
The A’s were, quite recently, the best team in baseball. Now they’re five back of the Angels.
Sep 1, 2014, 8:45 AM EDT
Well, it’s not his (or his estate’s) house anymore. Likely wasn’t for decades. But if someone wants Jon Voight’s LeBaron, someone will probably buy this, right?
Sep 1, 2014, 6:00 AM EDT
And part of the reason for this reminder is that, while Major League Baseball sees fit to commemorate most other holidays that occur during the baseball season, it has always given Labor Day short shrift.
Aug 31, 2014, 11:35 PM EDT
The Blue Jays added an outfield bench bat, picking up John Mayberry, Jr. from the Phillies on Sunday.
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- The Cardinals have moved ahead of the Brewers for first place in the National League Central 23
- No-hitter! Four Phillies pitchers combine to blank the Braves 62
- Bo Porter fired by the Astros 53
- Settling the Score: Sunday’s results — and a reminder of what Labor Day is all about 47
- Reds trade setup man Jonathan Broxton to the Brewers 18
- Miguel Cabrera sits Sunday with nagging ankle injury 13
- A’s acquire veteran slugger Adam Dunn from the White Sox 54
- Could women play major league baseball? Sure. Right now, though, the deck is stacked against them. (220)
- Albert Pujols plays the “you never played the game!” card (104)
- Great Moments in Drug Testing and Punishment: The NFL Edition (101)
- And That Happened: Thursday’s scores and highlights (75)
- Baseball is dying, you guys, because no one would recognize Mike Trout in a bar (74)