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.
Jul 3, 2015, 9:20 PM EDT
Miguel Cabrera suffered a calf injury after a single in the fourth inning on Friday against the Blue Jays.
Jul 3, 2015, 9:08 PM EDT
Anibal Sanchez has silenced a tough Blue Jays lineup.
Jul 3, 2015, 8:35 PM EDT
Patrick Corbin will complete his long trek back to the major leagues when he starts against the Rockies on Saturday.
Jul 3, 2015, 7:45 PM EDT
The Athletics haven’t used Josh Reddick much against left-handed starters. Reddick isn’t too happy with that, despite his results against southpaws.
Jul 3, 2015, 6:55 PM EDT
Jameson Taillon was getting pretty close to returning to action for the Pirates, but an inguinal hernia has knocked him back on the shelf.
Jul 3, 2015, 6:05 PM EDT
The Cubs acquired Clayton Richard from the Pirates and he’ll start for the club on Saturday.
Jul 3, 2015, 4:40 PM EDT
Jul 3, 2015, 3:52 PM EDT
Both he and the White Sox have disappointed this year, but he could help a contender.
Jul 3, 2015, 3:11 PM EDT
Chamberlain has posted a 4.09 ERA and an ugly 1.682 WHIP in 30 appearances this year. Gorzelanny has been even worse.
Jul 3, 2015, 2:13 PM EDT
$3.5 million will be paid out . . . to charity.
Jul 3, 2015, 2:05 PM EDT
He’s only had six plate appearances since being recalled in late June.
Jul 3, 2015, 1:00 PM EDT
And, someone, Tony La Russa placed in this thing.
Jul 3, 2015, 11:37 AM EDT
He changed his mind.
Jul 3, 2015, 10:01 AM EDT
“We’ll leave it at that.”
Jul 3, 2015, 9:11 AM EDT
He has a 2.56 ERA and a 72/31 K/BB ratio over 102 innings on the season.
Jul 3, 2015, 8:30 AM EDT
He wasn’t hit hard, but the Braves hit ’em where they weren’t.
Jul 3, 2015, 6:38 AM EDT
Scott Kazmir dominated the Mariners last night.
Jul 2, 2015, 11:28 PM EDT
League hasn’t pitched in the majors this season due to a shoulder injury.
Jul 2, 2015, 10:39 PM EDT
The Reds are expected to be sellers, but GM Walt Jocketty said Thursday that third baseman Todd Frazier isn’t going anywhere.
Jul 2, 2015, 9:23 PM EDT
After pitching into the seventh inning in his major league debut against the Rangers last Saturday, Blue Jays left-hander Matt Boyd failed to record an out in his start tonight against the Red Sox.
- Anibal Sanchez loses his bid for a no-hitter with one out in the eighth inning 8
- The Yankees, A-Rod resolve their dispute over the $6 million milestone bonus 28
- Yankees donate $150,000 to charity to get Alex Rodriguez his 3,000th hit ball 17
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno 79
- Settling the Scores: Thursday’s results 54
- Breaking: Cardinals fire their scouting director, likely due to the Astros hacking scandal 61
- Bryce Harper is naked in ESPN’s “Body Issue” 54
- Today is the day: Marlins ace Jose Fernandez returns from Tommy John surgery 4
- Settling the Scores: Sunday’s results (99)
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno (79)
- What Yasiel Puig being a pain in the butt means. And what it doesn’t mean. (78)
- Report: Jerry Dipoto “definitely out” as Angels GM (77)
- Brian Dozier is the best second baseman in baseball (72)