Major League Baseball has filed its lawsuit against Anthony Bosch and Biogenesis. There are multiple other defendants as well.* The claim: that by selling drugs to major league players, Biogenesis and Anthony Bosch “enabled such Players to possess and/or use [performance enhancing drugs] and thus knowingly and intentionally caused and/or induced such Players to breach their contractual obligations under MLB’s Joint Drug Prevention and Treatment Program not to possess or use [performance enhancing drugs].”
UPDATE: The entire complaint can be seen below.
This morning my primary legal criticism of the claims were that Major League Baseball could not show damages as a result of these acts. I have not changed my mind, if for no other reason than the contract MLB claims interference with is the Joint Drug Agreement, in which MLB has no direct financial interest. Indeed, it EXPECTS the JDA to be breached and has built in a punishment system because of it. When a player takes PEDs he violates it, by definition. Major League Baseball does not have a cause of action for breach of contract against them. How Major League Baseball expects to get greater satisfaction from an alleged third party tortfeasor than it could get from a party to the contract is … interesting.
That said, here are their damages allegations:
Due to Defendants’ actions, MLB has suffered damages, including the costs of investigation, loss of goodwill, loss of revenue and profits and injury to its reputation, image, strategic advantage and fan relationships.
Nothing surprising. But also nothing which seems at all to be the stuff of a meritorious lawsuit. It’s loss of goodwill, outside of that involving a few columnists, is impossible to quantify. Its revenue and profits are at record highs and many would argue that these were achieved thanks in part to the PED-inflated offensive numbers of the past 20 years, not despite it.
This lawsuit is crazy on its face. It should be thrown out of court. I am shocked Major League Baseball found someone who would file it.
*The defendants: BioGenesis of America, LLC, a Florida Limited Liability Company (“BioGenesis”); Biokem, LLC, a Florida Limited Liability Company (“Biokem”); Anthony P. Bosch (“Bosch”); Carlos Acevedo (“Acevedo”); Ricardo J. Martinez (“Martinez”); Juan Carlos Nunez (“Nunez”); Marcelo Albir (“Albir”); and Paulo da Silveira
The Associated Press is reporting that the Cubs and starter Jake Arrieta have avoided arbitration, agreeing to a $10.7 million salary for the 2016 season. That marks the highest salary on a one-year deal for a pitcher with four years of service, the AP notes. Arrieta and the Cubs were set to go before an independent arbitrator but now can simply focus on the season ahead.
Arrieta, 29, is in his second of three years of arbitration eligibility. He had filed for $13 million while the Cubs countered at $7.5 million. The $5.5 million gap was the largest among players who did not come to terms with their respective teams by the January deadline. The $10.7 million salary is $450,000 above the midpoint between the two submitted figures.
Arrieta won the National League Cy Young Award for his performance this past season, narrowly edging out Zack Greinke, then with the Dodgers. Arrieta led the majors with 22 wins, four complete games, and three shutouts. With that, he compiled a 1.77 ERA and a 236/48 K/BB ratio across 229 innings.
Once a top prospect in the Orioles’ minor league system, Arrieta struggled in the majors but found immediate success with the Cubs in 2013 after the O’s traded him along with Pedro Strop in exchange for Steve Clevenger and Scott Feldman.
Per Baseball America’s Matt Eddy, the Giants have signed infielder Conor Gillaspie to a minor league deal. Gillaspie was selected by the Giants in the supplemental round of the 2008 draft, then was traded to the White Sox in February 2013.
Gillaspie, 28, hit a meager .228/.269/.359 with four home runs and 24 RBI in 253 plate appearances between the White Sox and Angels during the 2015 season. Almost all of his playing time has come at third base but he can also play first base if needed.
The Giants, thin on depth, will allow Gillaspie to audition in spring training for a spot on the 25-man roster.
Jon Morosi of FOX Sports reports that free agent reliever Joe Nathan, recovering from Tommy John surgery, plans to pitch in 2016 according to his agent Dave Pepe. According to Pepe, Nathan’s workouts are “going well” and the right-hander is “definitely planning on playing this year.”
Nathan, 41, got the final out on Opening Day (April 6) against the Twins before going on the disabled list with a flexor strain in his right elbow, causing him to miss the next 161 games. He will likely be able to contribute out of the bullpen in late May or early June if he has no setbacks. On a minor league deal or incentive-laden major league deal, Nathan could make for a low-risk gamble.
Over a 15-season career that dates back to 1999 (he did not pitch in the majors in 2001 or 2010), Nathan has 377 saves with a 2.89 ERA and a 967/340 K/BB ratio over 917 innings.
On Thursday, we learned that the Diamondbacks were still considering free agent reliever Tyler Clippard. You can add the Rays to the list as well, per Marc Topkin of the Tampa Bay Times.
The Rays traded lefty reliever Jake McGee to the Rockies in exchange for outfielder Corey Dickerson in late January, so Clippard would be able to slot right in behind closer Brad Boxberger. Clippard, 30, compiled a 2.92 ERA with 64 strikeouts and 31 walks over 71 innings in a season split between the Athletics and Mets. The strikeout rate was at its lowest since the right-hander become a full-time reliever in 2009, and his walk rate was at its highest since 2010, which may be a factor in his still being a free agent in February.