Oct 4, 2013, 1:32 PM EST
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.
Mar 8, 2014, 1:25 PM EST
What does Josh Donaldson get after finishing fourth in the American League Most Valuable Player balloting last season? The major league minimum salary. According to CBS Sports’ Jon Heyman, the Athletics have renewed Donaldson’s contract at $500,000 for 2014. It’s a modest raise from the $492,500 he made last year, which was just above the…
Mar 8, 2014, 1:15 PM EST
1:15 p.m. ET: More intrigue. Enrique Rojas of ESPN.com reports (story in Spanish) that Santana is deciding between a one-year, $14 million deal with the Blue Jays and a one-year, $13 million deal (plus incentives) with the Orioles. 12:30 p.m. ET: It’s apparently not a deal done yet. Enrique Rojas of ESPN Deportes hears that…
Mar 8, 2014, 11:57 AM EST
The Royals gave Wade Davis a chance to win a rotation spot this spring even after he struggled as a starter last season, but Royals manager Ned Yost told Andy McCullough of the Kansas City Star this morning that the 28-year-old right-hander is out of the fifth starter competition and will pitch out of the…
Mar 8, 2014, 11:00 AM EST
We heard yesterday that the Cardinals and infielder Matt Carpenter were in talks about a long-term contract extension and Derrick Goold of the St. Louis Post-Dispatch reports this morning that the deal is done. The Cardinals will hold a press conference later this morning to formally announce the agreement. Per Jon Heyman of CBS Sports,…
Mar 8, 2014, 10:02 AM EST
Dogged by shoulder issues, Michael Pineda has yet to throw a regular season pitch for the Yankees since being acquired from the Mariners two offseasons ago, but he showed a glimpse of his old form last night. Making his spring debut, Pineda tossed two scoreless innings in a Grapefruit League game against the Tigers. Topping…
Mar 8, 2014, 9:08 AM EST
The Ervin Santana saga is reaching its conclusion. According to Dionisio Soldevila of ESPN Deportes, Santana will sign a one-year, $14 million contract with an American League team. This report comes less than 24 hours after Soldevila passed along word that a frustrated Santana fired his agent, Bean Stringfellow, and could negotiate his own contract.…
Mar 8, 2014, 8:51 AM EST
Matt Harvey‘s starts quickly became an event with Mets fans, so much so that the day that he would start began to be called “Harvey Day.” There’s a very good chance that there won’t be another “Harvey Day” until 2015 after his Tommy John surgery, but the ace right-hander indicated on his Twitter account this…
Mar 7, 2014, 11:20 PM EST
Billy Hamilton hit .368 in 22 plate appearances in September last season, but some in the know say that Hamilton will struggle to hit in the Majors. In his first season against Triple-A competition last season, Hamilton hit .256 with a .308 on-base percentage and a .343 slugging percentage. Hamilton’s signature has always been his…
Mar 7, 2014, 10:30 PM EST
Marco Scutaro was scheduled to make his Cactus League debut on Sunday or Monday, but his back problems are persisting and now the Giants are keeping him out for the time being, Alex Pavlovic reports for the Mercury News. Manager Bruce Bochy says that if Scutaro isn’t ready to go at the end of next…
Mar 7, 2014, 9:20 PM EST
You might not guess it by looking at him, but Jayson Werth is a very good base runner. The 34-year-old veteran has stolen 37 bases in 43 attempts in three somewhat injury-plagued seasons with the Nationals. In his prime with the Phillies, under the tutelage of first base coach Davey Lopes, Werth stole 60 bases…
Mar 7, 2014, 8:10 PM EST
Earlier, we learned that the Phillies might have checked in with free agent starter Ervin Santana. But, wait! There’s more Ervin Santana news. Ken Rosenthal of FOX Sports is hearing from sources that Santana wants to sign a one-year deal as quickly as possible, preferably with a strong offensive team. Rosenthal adds that the Blue…
Mar 7, 2014, 7:05 PM EST
Deep into the off-season, Ubaldo Jimenez, Nelson Cruz, Stephen Drew, Ervin Santana, and Kendrys Morales were still free agents despite being productive players last season. Jimenez and Cruz recently signed with the Orioles, but the latter three still remain unsigned with the regular season just weeks away. All five rejected $14.1 million qualifying offers from…
Mar 7, 2014, 6:00 PM EST
The Phillies are reeling after Cole Hamels suffered a setback, pushing his 2014 debut into May most likely. They’re thin on starting pitching depth even after adding A.J. Burnett last month. As a result, they have checked in with Ervin Santana according to Nick Cafardo of the Boston Globe. Or maybe not. Matt Gelb of…
Mar 7, 2014, 4:17 PM EST
Oliver Perez is one of the best unsigned free agents and Ken Rosenthal of FOXSports.com says that’s about to change, reporting that the left-handed reliever is close to a multi-year deal with the Diamondbacks. Arizona had already invested an awful lot of resources into the bullpen even before bringing in Perez, who went from being…
Mar 7, 2014, 3:50 PM EST
Angels right-hander Dane De La Rosa went for an MRI exam after getting knocked around and being pulled from his appearance Thursday, but the initial news is good. Alden Gonzalez of MLB.com reports that the MRI exam showed no structural damage and De La Rosa is hopeful that he can avoid beginning the season on…
Mar 7, 2014, 2:44 PM EST
Reds second baseman Brandon Phillips isn’t talking to the Cincinnati media, but he’s willing to talk to the national media and willing to talk to the national media about why he’s not talking to the Cincinnati media. Case in point, this Phillips quote to Anthony Castrovince of MLB.com: I don’t have nothing to say to…
Mar 7, 2014, 2:00 PM EST
Bad news for Royals fans. And for Luke Hochevar, of course: Hochevar, the 30-year-old former No. 1 overall pick, felt a twinge in his elbow on Monday. On Tuesday, he felt soreness in the joint, and an MRI revealed his condition, which also includes strained muscles around the elbow. On Thursday, he was scheduled to…
Mar 7, 2014, 1:30 PM EST
Because of course he is: In Jeter’s retirement call, Hal Steinbrenner said he said, “I know everybody says this, but I feel like I’m in the best shape of my life.” — Jack Curry (@JackCurryYES) March 7, 2014 Guess that means Brendan Ryan isn’t going to get as much playing time as he hoped.
Mar 7, 2014, 1:10 PM EST
Brad Penny‘s comeback attempt didn’t last very long, as the Royals just released the 35-year-old right-hander. Penny didn’t pitch in the majors at all last season and hasn’t been effective since 2010, when he made nine good starts before getting hurt. Since then he has a 5.41 ERA in 210 innings and Penny got knocked…
Mar 7, 2014, 12:30 PM EST
FORT MYERS — I have seen the future of spring training complexes, and its name is Jet Blue Park. Or maybe it’s not the future, because frankly, I’m not sure who else is going to shell out the kind of dough this place likely cost besides big money teams like the Red Sox (or the…
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