Bud Selig

MLB sues Biogeneis, Anthony Bosch, claims interference with contract

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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.

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*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

Braves sign former football player Sanders Commings

GLENDALE, AZ - AUGUST 15:  Cornerback Sanders Commings #26 of the Kansas City Chiefs on the sidelines during the pre-season NFL game against the Arizona Cardinals at the University of Phoenix Stadium on August 15, 2015 in Glendale, Arizona.  (Photo by Christian Petersen/Getty Images)
Christian Petersen/Getty Images
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The Braves have signed former football player and current outfielder Sanders Commings, an Augusta, Georgia native, to a minor league contract, Ken Rosenthal of FOX Sports reports.

Commings, 26, was a defensive back who played for the University of Georgia before being selected by the Chiefs in the fifth round of the 2013 draft. He appeared in two games in the 2013 season.

Commings also played baseball for Westside High School and was selected by the Diamondbacks in the 37th round of the 2008 draft. He chose to attend the University of Georgia instead. When football didn’t pan out, Commings started training with Jerry Hairston, Jr. Hairston said he was “blown away” when he saw Commings hit for the first time.

Obviously, Commings’ path to success as a professional baseball player will be long, but it’s a no-risk flier for the Braves. The club has past experience with football players, including Deion Sanders and Brian Jordan.

The next task for the Braves will be to acquire Ryan Goins from the Blue Jays. That way, players will look at the lineup card each day to see if it’s Commings or Goins.

Justin Verlander: “I’d like to see the AL and NL have the same rules… I vote NL rules.”

SEATTLE, WA - AUGUST 10:  Starting pitcher Justin Verlander #35 of the Detroit Tigers pitches against the Seattle Mariners in the first inning at Safeco Field on August 10, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
Otto Greule Jr/Getty Images
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On Thursday afternoon, Rays pitcher Chris Archer asked his Twitter followers, “Lots swirling around what needs to be changed about the game of baseball. What do y’all want to see changed, if anything, & why?”

Tigers ace Justin Verlander responded:

To that, Archer said:

For what it’s worth, Verlander hasn’t been much of a hitter. In 47 career plate appearances, he has three singles and no extra-base hits. And if the AL did get rid of the DH rule, the Tigers would have nowhere to put Victor Martinez. Verlander, though, would have an easier time pitching to opposing pitchers rather than their DH’s.