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Major League Baseball to drop the lawsuit against Biogenesis, Bosch

Feb 12, 2014, 6:57 AM EDT

Bud Selig

The New York Daily News reports that, now that A-Rod has dropped his appeal and is accepting his suspension, Major League Baseball is going to drop the lawsuit it filed last March against Biogenesis, Anthony Bosch, Juan Carlos Nunez and multiple other defendants.

Which, of course, just continues to underscore how legally baseless a lawsuit that was and how its putative purpose — legal redress against drug dealers who caused damage to the league by enabling the breach of the Joint Drug Agreement an the Collective Bargaining Agreement — was total baloney. Major League Baseball filed that lawsuit for the sole purpose of gaining leverage in an effort to suspend Alex Rodriguez and the other Biogenesis players. Now that that has been done, there is no purpose for the suit.

Which may mean Major League Baseball was successful. That it did what it set out to do. But it doesn’t change the fact that its filing of that suit was a ridiculous misuse of the legal system. A legal system, the purpose of which, is to redress legal injury, not to be used as a cudgel in an employment dispute. Major League Baseball asserted that its contracts were breached. They were not. It asserted that it suffered financial damage as a result. It did not. This was akin to your employer filing a lawsuit against the guy who sold you a bag of weed in order to suspend you from work for violating the office’s drug policy.

If that happened people would freak out at the overreach. Here: no one seemed to care. Indeed, not too many people — including the MLBPA, much to its shame and now its relative powerlessness — complained about this when this suit was filed last March. Not too many people will complain about it now. When the history of Biogenesis is written, people will likely credit Bud Selig and Major League Baseball for bold action and, ultimately, success. After all, the only visible victim of it is A-Rod and everyone hates him.

But it doesn’t change the fact that that success came as a result of a comical misuse of the legal system. And now, with the suit’s dismissal, Major League Baseball is acknowledging that.

  1. unclemosesgreen - Feb 12, 2014 at 7:02 AM

    I guess it’s ok to say “I told you so.”

    Because in this instance, you definitely did.

  2. uyf1950 - Feb 12, 2014 at 7:15 AM

    In my book Selig is no different then the players he went after. He abused the system just like many of the players did. I’m not sure the ends justify the means and I’m damn sure 2 wrongs don’t make a right. That’s just my opinion.

    • jwbiii - Feb 12, 2014 at 10:18 AM

      There is one difference: Selig, Manfred, Bordley, et al. are not subject to any MLB sanctions for their actions.

      • ilovegspot - Feb 13, 2014 at 1:23 PM


  3. tuberippin - Feb 12, 2014 at 7:25 AM

    Are we done with this whole thing now?

  4. vallewho - Feb 12, 2014 at 7:39 AM

    I think Bud is (baseball) history’s biggest monster. Well, he has competition from another past commish. But definitely the one from my lifetime…

  5. chacochicken - Feb 12, 2014 at 7:45 AM

    So a house fell on the wicked witch. Could it happen to anyone? Yes, probably. Do you only defend the guys you like? Apparently. In the end, Arod is under a Kansas farm house and Selig is the wonderful wizard who saved baseball.
    A word of caution to the MLBPA, it would be a shame if a house fell on you and then someone set said house on fire. Let’s hope the next commissioner is a reasonable man.

  6. historiophiliac - Feb 12, 2014 at 8:09 AM

    This is shocking! Not shocking.

  7. righthandofjustice - Feb 12, 2014 at 8:15 AM

    MLB can drop their lawsuit but the government lawsuits against Biogenesis are going to send Selig, Manfred, Mullin, MLB, Bosch, Gary “Bobby” Jones, Reginald St Fleur, et al to the same boat.

    Bosch & Co. will continue to leech millions and millions out of MLB. The saga continues…

    • Old Gator - Feb 12, 2014 at 9:51 AM

      Oh I do hope you’re right about that. Down here in Macondo, though, Bufogenesis is all sludge under the bridge by now. It would take some indictments of MLB bigshots to awaken the New Times from its millennial, Chthulhu-like investigative death-in-slumber. Then, that sound you hear, like the noise of a thousand crows, will be our local weekly rag congratulating itself.

  8. jre80 - Feb 12, 2014 at 8:28 AM

    After all the BS of we gotta clean this sport up, he drops lawsuit against Bosch??? I hope Bosch feeds more peds to more players. Seligs a bum

  9. rbj1 - Feb 12, 2014 at 8:33 AM

    And sadly, the state of Florida will do nothing, because Spring Training! Be a shame if all those teams decided to move to Alabama.

    • 4d3fect - Feb 12, 2014 at 8:36 AM

      In more ways than one.

      • Old Gator - Feb 12, 2014 at 9:52 AM

        Feels like most of ’em have headed west already.

  10. 4d3fect - Feb 12, 2014 at 8:39 AM

    This is like the schoolyard fight everyone in class was anticipating. At three, everyone circled around the participants; a few missed swings, a little pushing and shoving, and then they both walked away.

    *Otto voice* “DISAPPOINTED!”

    • Old Gator - Feb 12, 2014 at 9:52 AM

      That wasn’t a fight. They were playing Buc-Buc.

  11. scoutsaysweitersisabust - Feb 12, 2014 at 8:54 AM

    Alex should re-raise his lawsuit against MLB just so that Bud would have to re-raise their lawsuit against Bosh. Then Alex can drop his suit, and MLB would follow. This can go back and forth all year in a legal game of cat and mouse, further underscoring how absolutely ridiculous and abusive MLB is.

  12. shawndc04 - Feb 12, 2014 at 9:21 AM

    Frauds. They’re all frauds, rotten from the head down.

  13. nbjays - Feb 12, 2014 at 9:49 AM

    This is horrible!

    How can they all just drop these lawsuits and leave a poor bunch of parasitic lawyers with no source of obscene amounts of money? Think of the children! Oh, the humanity!


  14. sailbum7 - Feb 12, 2014 at 10:06 AM

    It is good that the suits are all dropped so that now this can all slowly fade into history. Of course it will not be completely over until A-Roids suspension is up and his fate in baseball is determined. I doubt we will ever see him in Yankee pinstripes again, but who knows. I am sure that the Yankees are going through his contract with a fine toothed comb looking for any way possible to void it. I don’t know if they will find any way to do it, but I really doubt they want him back in the lineup ever again.

    I think that MLB could have had some valid claims against Biogenesis and the people involved. Their actions with regard to players and the league could definitely be said to have damaged the image of the league. That said, I think that Selig did the right thing by dropping the suits. He got what he wanted, which was A-Roid dropping his suit and accepting his suspension. There really was not much to gain by proceeding with the lawsuits once that happened.

    • jwbiii - Feb 12, 2014 at 7:30 PM

      But MLB’s suit against Anthony Bosch alleged that his actions and those of Biogenesis cost MLB money. Did suspending Alex Rodriguez, Cesar Puello, and others make them whole again? How? Did it recoup their lost money? If not, why did they drop the suit? If the suit was filed not to recoup lost income but to coerce cooperation from Bosch in an extralegal matter, is that not a fraudulent suit? How do you feel about fraudulent legal actions?

      • sailbum7 - Feb 14, 2014 at 11:15 AM

        I think the suit was dropped because continuing with it would have kept this whole affair in the press. The league probably realized that doing that was going to cost them more due to the continuing damage to the reputation of the league than any damages they might collect from the lawsuit. I have no doubt that this whole affair cost the league money since I am sure that some fans may have opted not to go to games or buy team merchandise as a result of the PED use by players. The quicker they can put this behind them and have it fade into history, the quicker those fans will come back.

  15. stex52 - Feb 12, 2014 at 10:07 AM

    And Bud says, “My work is done here”, hops on his horse, and rides out of town. I hope the residuals of this haunt the MLB ownership for a while. They sure got down in the mud to wrestle with the pigs.

    • ilovegspot - Feb 12, 2014 at 2:41 PM

      That’s where aroid went to get drugs and thats where MLB went to stop them. All worked out. A few idiots are pisses Selig won but the most don’t care. Most are happy Ariod paid a price too.

  16. zacksdad - Feb 12, 2014 at 10:44 AM

    According to Craig:

    Ryan Braun uses the legal process to discredit the tester and the accepted testing standard at the time to change his suspension. This was him using the legal system correctly and he is innocent.

    MLB uses the legal system uphold the suspension of ARod. This was using the legal system incorrectly and MLB is guilty.

    According to me:

    This is why I discredit almost all PED dribble from Craig. He is so pro PED you would swear he owns stock of the PED companies.

    • Craig Calcaterra - Feb 12, 2014 at 11:25 AM

      Braun used the appeal process specifically set up by the Joint Drug Agreement to appeal his suspension. A baseball arbitrator is the one who overturned his suspension. Him ruling on the case was his actual job.

      Baseball used the civil justice system to leverage discipline it couldn’t do under its Joint Drug Agreement alone. A court — which is supported by our tax dollars and is designed to deal with legitimate legal disputes — was used by baseball in a way that no employer would ever think of using the legal system to enforce its own workplace rules.

      If you don’t see the difference between those two things, there’s no helping you.

      • zacksdad - Feb 12, 2014 at 1:04 PM

        And during that appeals process he threw the tester under the bus implying he tainted the sample. You felt that was fine, just part of the process.

        So I guess no helping you either

      • churchoftheperpetuallyoutraged - Feb 12, 2014 at 2:13 PM

        And during that appeals process he threw the tester under the bus implying he tainted the sample. You felt that was fine, just part of the process.

        [citation needed]

        Considering how badly you interpreted everything else Craig said, something tells me you read the above wrong too.

      • chinahand11 - Feb 12, 2014 at 2:49 PM

        Did that tester in the Braun case get fired?

  17. stevem7 - Feb 12, 2014 at 10:46 AM

    Alan H. “BUD” Selig, as the face of MLB, should be arrested the next time he sets foot in Florida and charged with a)filing a frivolous lawsuit, b) hindering a State of Florida DOH Investigation, and c) trafficking in stolen documents that were made known to the accused to be stolen by the Florida DOH.

    • ilovegspot - Feb 12, 2014 at 2:43 PM


  18. plmathfoto - Feb 12, 2014 at 11:30 AM

    Craig et al: Understood about the “abuse of the system” complaint that you have, however, where is the outrage against Arod etc for abusing the system themselves? You always go the other direction, and defend the system saying that because it was the first time he was caught, it should be 50 games, never looking and saying that obviously this guy is abusing the system, and if so there’s never the outrage shown here against MLB abusing the system.

    I’m not a fan at all of what’s gone on because of lawyers abusing the system. Take your examples from the lawsuit against McDonalds for coffee being too hot; to OJ Simpson getting off; to people being afraid to say what they want etc because of the pc deal, and all advantage being taken over bullying (not talking about legit cases, talking about having to watch what you say, write and do because someone might take offense. The whole idea that lawyers are under obligation to defend someone has become find any loophole or abuse the system in place any way they can to get the person off, I’m sure that wasn’t the intent, where’s the outrage about that as well?

    Enough venting, and glad this will (hopefully) go away, baseball starts soon.

    • churchoftheperpetuallyoutraged - Feb 12, 2014 at 2:14 PM

      Craig et al: Understood about the “abuse of the system” complaint that you have, however, where is the outrage against Arod etc for abusing the system themselves?

      How did Arod abuse the system?

      • ilovegspot - Feb 12, 2014 at 2:45 PM

        By using PEDs over the cousre of many years.

  19. davidpom50 - Feb 12, 2014 at 11:43 AM

    A quick re-cap for those following along at home:

    MLB’s totally baseless lawsuit against Biogenesis & Bosch: “a ridiculous misuse of the legal system.”

    A-Rod’s totally baseless lawsuit against MLB & MLBPA: “simply exercising his legal rights”

    Given this obviously unbiased, evenhanded coverage of two shady, shady lawsuits, I wonder why people think Craig is pro-PED users.

    • nightman13 - Feb 12, 2014 at 11:57 AM

      What choice did A-Rod have but to file a counter suit? You will find that one baseless lawsuit will frequently spawn the creation of another in response.

      • davidpom50 - Feb 12, 2014 at 12:16 PM

        A-Rod didn’t file a counter-suit. He wasn’t named in the MLB suit. He filed a suit to try to overturn his suspension that had already been upheld by an arbitrator.

        Also, to use your own reasoning, when Bosch refused to cooperate with MLB’s investigation, what choice did they have but to file suit to bring whatever leverage they could?

        Both sides could’ve made better choices. Both sides decided to torture the legal system instead.

      • nightman13 - Feb 12, 2014 at 2:32 PM

        It wasn’t a counter suit per se, but it was a response to the foolishness MLB had already begun.

        I’m not condoning it, I totally agree that it was a waste of resources, time and effort. Sad thing is sports leagues use the legal system as PR sometimes and this was just another case of that.

      • davidpom50 - Feb 12, 2014 at 4:10 PM

        Sadly, using the legal system as PR is not exclusive to sports leagues. Or big business. ‘Tis widespread.

      • nightman13 - Feb 12, 2014 at 5:09 PM


  20. happytwinsfan - Feb 12, 2014 at 11:56 AM

    i’m wondering, does the filing of specious lawsuits for the purpose of obtaining negotiating leverage for one’s client, fall into the category of representing one’s client with, as the legal ethicists put it, “professional zeal”.

  21. sportsfan18 - Feb 12, 2014 at 4:16 PM

    People do care. Baseball has always been my favorite sport and this upset me.

    Also, Arod isn’t likable, deserved to be fined etc… but good old Bud has gotten off too easily.

    Bud, the owners, G.M.’s and others knew players were juicing for a long time, the better part of the past two decades at least.

    They looked the other way. Bud loved the attention Sosa and Big Mac brought to the game in the summer of ’98 as they staged their assault on the single season HR record.

    It was darn near appointment viewing. Even people who were NOT fans of baseball were aware of what Sosa and Big Mac were doing. Many times other games interrupted their game to show either Sosa or Big Mac when they came to bat somewhere else in the country.

    My point is that the game recovered quickly from the strike in 1994 and the game and the owners made money hand over fist.

    Old Bud is worth $400 million dollars.

    Bud knew his time as commissioner was nearing an end and as the historian he is (he really is), he began to think of his place in the game. He knew that PED”s was a black eye on his time as commissioner.

    He decided to do something about it so as he was retiring, he’d be thought of and hopefully remembered for getting tough on drugs in the game.

    To be fair, in some ways he did. Baseball has the toughest drug policy of pro sports.

    But still, Bud knowingly turned a blind eye for years and years and gladly became richer for it due to the popularity of the game.

    How you ask? A few years back, Bud’s salary as commissioner was $18 million for just one season. He made as much as the other three commissioners COMBINED that year (NFL, Basketball and Hockey).

    For Bud to pull down that much money, even when the NFL is more popular and has greater revenue is telling. But on top of that, he earned as much as Goodell, Stern and whoever the Hockey commish is combined.

    Yeah, old Bud made money off of Bond’s, Arod and others…

    Again, I don’t feel sorry for Arod, at all. But what Bud and the game did was even worse than what the players did, in my opinion.

  22. Minoring In Baseball - Feb 12, 2014 at 8:55 PM

    I’d just like to see all of this ugly non-sense out of the press once and for all. Let’s concentrate on the future of this great sport, not just one sordid era of it. If you look hard enough, there are more positive things going on in baseball than negative.

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