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.
Apr 18, 2015, 11:26 PM EDT
Grant Balfour was designated for assignment following a disastrous Saturday night against the Yankees.
Apr 18, 2015, 11:01 PM EDT
Joe Nathan could be activated from the disabled list as soon as Wednesday.
Apr 18, 2015, 10:00 PM EDT
If you’re in the mood for a laugh, you’ll want to read this story involving Indians manager Terry Francona and his dad Tito.
Apr 18, 2015, 9:10 PM EDT
Kris Bryant, one of baseball’s top prospects, earned his first major league hit and RBI on Saturday afternoon against the Padres.
Apr 18, 2015, 8:16 PM EDT
More drama involving the Athletics and Royals.
Apr 18, 2015, 7:45 PM EDT
Did Brett Lawrie apologize to Alcides Escobar for his hard slide in Friday’s game between the Athletics and Royals? We’re not sure.
Apr 18, 2015, 6:55 PM EDT
Ryan Braun will lead off for the first time in his career in Saturday’s game against the Pirates.
Apr 18, 2015, 6:05 PM EDT
Jake Peavy is dealing with lower back issues.
Apr 18, 2015, 5:32 PM EDT
Hamilton suffered the injury beating out an infield single in the eighth inning.
Apr 18, 2015, 5:25 PM EDT
Justin Verlander’s return to the Tigers doesn’t appear imminent.
Apr 18, 2015, 5:20 PM EDT
Hamilton filed for divorce in late February, which is right around the time when word leaked about his offseason drug relapse.
Apr 18, 2015, 4:19 PM EDT
You’ll be seeing MLB’s all-time hits leader Pete Rose in FOX’s coverage of baseball this season.
Apr 18, 2015, 4:12 PM EDT
The home run traveled at a distance of 461 feet. My goodness.
Apr 18, 2015, 3:58 PM EDT
Scary moment in today’s Phillies-Nationals game, as home plate umpire Brian Knight was forced to exit after he was hit in the facemask by a pitch in the top of the ninth inning.
Apr 18, 2015, 3:47 PM EDT
Greg Holland has been one of the game’s best relievers dating back to 2011, but the Royals will have to make due without him for a little while.
Apr 18, 2015, 2:56 PM EDT
The Cardinals are calling Holliday’s exit “precautionary,” so it’s probably safe to consider him day-to-day.
Apr 18, 2015, 2:27 PM EDT
Tracy, 26, was designated for assignment by the Yankees last Sunday.
Apr 18, 2015, 2:11 PM EDT
The Nats’ infield depth is being tested in the early part of the season.
Apr 18, 2015, 1:24 PM EDT
Schoop was off to a nice start so far this season, batting .259 (7-for-27) with three home runs and a .940 OPS over nine games.
Apr 18, 2015, 1:01 PM EDT
Reds right-hander Homer Bailey landed on the disabled list at the end of spring training while he completed his rehab from surgery to repair a tear of the flexor tendon in his elbow, but he has been activated to make his season debut this afternoon against the Cardinals.
- Video: Watch Kris Bryant get his first major league hit and RBI 4
- Yordano Ventura ejected for hitting Brett Lawrie with a pitch 15
- Pete Rose joins FOX as a baseball analyst 18
- Settling the Score: Friday’s results 55
- Josh Hamilton’s teammates say he’s in great shape and ready to play 28
- Mike Trout hit his 100th career home run to become the youngest member of the 100 HR/100 SB club 26
- Make that two: Alex Rodriguez hits second homer of the night, giving him 658 for his career 48
- Alex Rodriguez hit his 657th career home run 49
- The Commissioner’s Office thinks that the Angels could indeed go after Josh Hamilton under his contract (153)
- “Why Ted Cruz is like the Atlanta Braves” (150)
- “We no longer need the terrorists. We’re now so good at terrorizing ourselves.” (143)
- Another argument in favor of making the DH universal (127)
- When it comes to Josh Hamilton, Arte Moreno is a craven opportunist, not a “smart businessman” (116)