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 16, 2014, 8:54 PM EDT
Josh Hamilton is likely to be sidelined through most of May with a complete tear of the ulnar collateral ligament in his left thumb and now beat writer Jeff Fletcher at the Orange County Register reports that Kole Calhoun will miss the next 4-6 weeks with what Angels manager Mike Scioscia called a “bad ligament sprain” in his right ankle.
Apr 16, 2014, 8:01 PM EDT
Mariners right-hander Taijuan Walker had to be scratched from what was supposed to be his final minor league rehab start Tuesday at Triple-A Tacoma and he headed to Seattle on Wednesday for tests. The MRI results are in.
Apr 16, 2014, 7:13 PM EDT
Braves closer Craig Kimbrel was unavailable to pitch on Monday because of soreness in his right shoulder. But it’s apparently only a minor issue and he expects to be fine going forward.
Apr 16, 2014, 6:35 PM EDT
From James Wagner of the Washington Post comes word that Nationals outfielder Bryce Harper has been scratched from the club’s starting lineup on Wednesday night against the Marlins because of tightness in his left quadriceps muscle.
Apr 16, 2014, 6:11 PM EDT
Red Sox second baseman Dustin Pedroia is back in the starting lineup for Wednesday’s game against the White Sox after getting a cortisone shot Monday for the inflammation in his left wrist.
Apr 16, 2014, 5:04 PM EDT
The journey of a thousand miles begins with a single step.
Apr 16, 2014, 4:16 PM EDT
Cardinals right-hander Joe Kelly left today’s start against the Brewers after tweaking his hamstring trying to beat out an infield single in the sixth inning.
Apr 16, 2014, 3:59 PM EDT
That’s 28 strikeouts in his first three big league starts.
Apr 16, 2014, 3:34 PM EDT
Cueto set a career high for strikeouts as he tossed his third career shutout
Apr 16, 2014, 3:00 PM EDT
Completion is set for February 2017
Apr 16, 2014, 2:44 PM EDT
Pirates outfielder Jose Tabata just made a great catch to rob Brayan Pena of an extra-base hit, but unfortunately he slammed into an unpadded portion of the wall in Cincinnati and had to leave the game.
Apr 16, 2014, 2:33 PM EDT
You can spend all you want on a 30 year-old free agent, but be careful how much you spend on an 16-year-old prospect.
Apr 16, 2014, 2:00 PM EDT
The two most dominant pitchers in the AL face off tonight. Given their ages, their contract status and their presence in the same division, expect this to grow into a wonderful rivalry over the coming years.
Apr 16, 2014, 1:33 PM EDT
The Dodgers have an embarrassment of outfield riches.
Apr 16, 2014, 12:38 PM EDT
I don’t know the real Brian Wilson, but even if this isn’t it, remember: we are what we pretend to be.
Apr 16, 2014, 12:16 PM EDT
Nick Franklin lost his job to Robinson Cano, but now he’s headed back to Seattle.
Apr 16, 2014, 11:32 AM EDT
Kicked off by an anecdote you probably won’t believe.
Apr 16, 2014, 11:19 AM EDT
To celebrate the 25th anniversary of “Seinfeld” starting on NBC the Mets’ Single-A affiliate, the Brooklyn Cyclones of the New York-Penn League, are hosting a “Seinfeld Night” at the ballpark on July 5.
Apr 16, 2014, 10:47 AM EDT
Already down an outfielder following Josh Hamilton’s thumb injury, the Angels have placed Kole Calhoun on the disabled list after he injured his ankle last night.
Apr 16, 2014, 10:32 AM EDT
The table on which the money is placed in Seattle is going to go into the table Hall of Fame. Same Hall of Fame that has that one in New York Cliff Lee left all that money on. Underrated Hall of Fame, really.
- Dustin Pedroia returns to Red Sox starting lineup 4
- And That Happened: Tuesday’s scores and highlights 95
- Jose Reyes is on track to be activated Friday 11
- Dustin Pedroia given cortisone injection for sore left wrist, aiming to return Wednesday 1
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists 230
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists (232)
- The Red Sox are still steamed that a PED guy played against them in the playoffs last year (130)
- Doug Glanville’s story about being racially profiled at his own home (125)
- There is still a racial divide in baseball (105)
- Must-Click Link: Yasiel Puig’s harrowing journey to the United States (95)