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 31, 2015, 9:49 AM EDT
Or, the very least, want the Padres to think they are so as to bring Craig Kimbrel’s price down.
Jul 31, 2015, 9:25 AM EDT
They have the worst ERA in the AL, so any starter would be a nice addition.
Jul 31, 2015, 9:18 AM EDT
Another torn quadriceps muscle for the All-Star left fielder.
Jul 31, 2015, 8:55 AM EDT
I feel like Ken Caminiti has to be involved.
Jul 31, 2015, 8:51 AM EDT
Jay Bruce instead of Carlos Gomez?
Jul 31, 2015, 8:43 AM EDT
He’d be both a 2015 and a future move.
Jul 31, 2015, 8:18 AM EDT
The Yankees bullpen is already a strength. Will it be stronger by 4pm today?
Jul 31, 2015, 7:34 AM EDT
In a night of several walkoffs — including a walkoff walk — Jason Castro had the biggest, helping Houston complete the sweep of the Angels.
Jul 31, 2015, 3:22 AM EDT
It’s fortunate this one didn’t get ugly.
Jul 31, 2015, 2:51 AM EDT
We’re recapping all of the deals as they come down.
Jul 31, 2015, 12:24 AM EDT
Leake has a 3.56 ERA and 90/34 K/BB ratio in 136 2/3 innings over 21 starts this season.
Jul 31, 2015, 12:00 AM EDT
The Astros completed a three-game sweep of the Angels and now hold a two-game lead in the American League West.
Jul 30, 2015, 11:29 PM EDT
Gallardo isn’t going into the trade deadline on a high note, as he has allowed five runs in three straight starts.
Jul 30, 2015, 10:55 PM EDT
The Diamondbacks are trying to make a play for All-Star closer Aroldis Chapman.
Jul 30, 2015, 10:20 PM EDT
It was made possible due to a misplay by Jacoby Ellsbury in center field.
Jul 30, 2015, 9:33 PM EDT
The Brewers traded center fielder Carlos Gomez to the Astros earlier tonight along with right-hander Mike Fiers and they could be close to another deal.
Jul 30, 2015, 9:08 PM EDT
As the Mets try to pick up the pieces after their deal for Carlos Gomez fell apart, they reportedly have an interesting proposal to consider from the Reds.
Jul 30, 2015, 8:40 PM EDT
Morse is owed $8 million next season, but the Dodgers covered it in order to complete Thursday’s 13-player trade with the Marlins and Braves.
Jul 30, 2015, 7:33 PM EDT
Carlos Gomez was nearly dealt to the Mets last night before the deal fell apart, but it didn’t take long for the Brewers to find a new suitor.
Jul 30, 2015, 7:10 PM EDT
It wasn’t too long ago that we were talking about the White Sox as sellers, but now they are trying to buy a big bat.
- And That Happened: Thursday’s scores and highlights 26
- 2015 MLB Trade Deadline Tracker 6
- Giants to acquire Mike Leake from Reds 26
- Astros acquire Carlos Gomez and Mike Fiers from Brewers 43
- Pirates bolster bullpen, pick up Joakim Soria from Tigers 11
- The extraordinarily odd, 13-player Dodgers-Marlins-Braves trade is done 62
- Blue Jays acquire David Price from the Tigers 111
- Both the Phillies and the Rangers did well in the Cole Hamels trade 73
- The MLBPA is considering withholding cooperation with ESPN, Fox over Colin Cowherd’s comments (157)
- The Cubs are in discussions with the Phillies on Cole Hamels (146)
- Major League Baseball rips Colin Cowherd in an official statement (123)
- Blue Jays acquire David Price from the Tigers (111)
- Rangers land ace left-hander Cole Hamels from Phillies (106)