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

Phillies, Red Sox interested in Carlos Santana

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The Phillies and Red Sox appear intent on pursuing free agent first baseman Carlos Santana, MLB Network’s Jon Morosi reports. Santana rejected a one-year, $17.4 million qualifying offer from the Indians on Thursday and is expected to draw widespread interest on the market this winter. The Mets, Mariners, Angels and Indians could make a play for the infielder, though no serious offers have been made this early in the offseason.

Santana, 31, is coming off of a seven-year track with the Indians. He batted .259/.363/.455 with 23 home runs and 3.0 fWAR last season, making 2017 the fourth-most valuable year of his career to date. Although he was primarily stationed at first base over the last year, he could step back into a hybrid first base/DH role with the Red Sox, who are hurting for infield depth with Hanley Ramirez still working his way back from shoulder surgery.

As for Santana’s other suitors, the Mariners are far less likely to pursue a deal after trading for Ryon Healy last Wednesday. Neither the Mets nor the Phillies have a DH spot to offer the veteran infielder, and the Phillies’ Rhys Hoskins appears to be blocking the way at first base. Then again, Santana may not find a more enticing offer outside of Cleveland, where Edwin Encarnacion might otherwise be the club’s best option at first base. During the GM meetings, Indians’ GM Mike Chernoff said he “love to have both [Santana and Jay Bruce] back” in 2018, but hasn’t backed up that love with any contract talks just yet.