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
Blue Jays’ outfielder Anthony Alford will miss at least 4-6 weeks after undergoing surgery on his left wrist, the team announced on Saturday. Alford was placed on the 10-day disabled list earlier in the week after sustaining a left hamate fracture on a foul pitch, and could miss significant time in what looks to be a lengthy rehab process. MLB.com’s Gregor Chisholm reports that the procedure has been scheduled for next week and will be performed by Dr. Donald Sheridan in Arizona.
Alford, 22, was called up to the majors from Double-A New Hampshire last Friday. He went hitless in his first three outings, finally catching a break against the Brewers on Tuesday when he pinch-hit a leadoff double in the seventh. The injury occurred two innings later when Alford fouled off a pitch in the ninth inning, fracturing his wrist in the process.
Alford will join eight other players on the Blue Jays’ disabled list, including outfielders Steve Pearce (calf strain), Dalton Pompey (concussion) and Darrell Cecillani (partial shoulder dislocation). He’s expected to be replaced by 24-year-old outfield prospect Dwight Smith Jr.
Good luck getting a hit against the Nationals this weekend. Stephen Strasburg followed Max Scherzer‘s 13-strikeout performance on Friday with a dazzling outing of his own on Saturday afternoon. The right-hander whiffed a career-best 15 batters in seven innings, allowing just three hits and a walk in the Nats’ 3-0 win.
It took Strasburg several innings to get into a groove after pitching into (and out of) a jam in the first inning. The Padres loaded the bases with Allen Cordoba‘s leadoff single, a throwing error by Ryan Zimmerman and a four-pitch walk to Cory Spangenberg. By the third, Strasburg was cruising, striking out the side on 18 pitches and keeping the Padres off the basepaths until the sixth. He recorded his 15th and final strikeout in the seventh inning, catching Padres’ prospect Franchy Cordero swinging on a 1-2 pitch to effectively end his outing.
While 15 strikeouts set a new career record for the Nationals’ ace, he came close to reaching the mark twice before. The first time, he struck out 14 of 24 batters during his major league debut against the 2010 Pirates, though the 5-2 win did little more than keep the Nationals neck-and-neck with the Marlins at the bottom of the NL East. Five years later, he tied his 14-strikeout record against the 2015 Phillies, tossing a one-hitter in eight innings to cement his ninth victory of the season.
The only one who doesn’t seem overly enthused by the new record? Strasburg himself, who told MLB.com’s Jamal Collier and AJ Cassavell: “It’s pretty cool, but there’s another game five, six days from now. I’ll enjoy it tonight, but back to work tomorrow.”