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

Report: Mike Trout uninjured in postgame car crash

FILE - In this Sept. 4, 2015, file photo, Los Angeles Angels' Mike Trout waits in the dugout before the team's baseball game against the Texas Rangers in Anaheim, Calif. In late May, Carlos Correa an the Houston Astros visit the Angels for the first time this season. (AP Photo/Jae C. Hong, File)
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CBS Los Angeles reports that Mike Trout was unhurt following a car crash that sent a woman to the hospital Wednesday night in Tustin, California.

Trout, who was given what was said to be a routine night off in the Angels’ home game against the Reds on Wednesday night, was driving and reportedly collided with two other cars while trying to stop for a crash in front of them. It was the original crash that led to the hospitalization of a woman. Trout’s portion of the accident apparently wasn’t quite as serious. He was pictured standing next to a first responder and looking at his phone following the accident.

 

Mets’ Neil Walker expected to undergo season-ending back surgery

SAN FRANCISCO, CA - AUGUST 21: Neil Walker #20 of the New York Mets sits in the dugout before the game against the San Francisco Giants at AT&T Park on August 21, 2016 in San Francisco, California.  The New York Mets defeated the San Francisco Giants 2-0. (Photo by Jason O. Watson/Getty Images)
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Jared Diamond of The Wall Street Journal reports that Mets second baseman Neil Walker is expected to undergo season-ending surgery to fix a herniated disk in his lower back. Walker has avoided the disabled list but hasn’t played since last Saturday and has only two starts since August 22.

If Walker does indeed go under the knife, he’ll end his first season with the Mets with a terrific .282/.347/.476 triple-slash line with 23 home runs and 55 RBI in 458 plate appearances. While the Mets couldn’t have foreseen Daniel Murphy having such a terrific season, Walker was more than adequate in Murphy’s shoes at second base.

Kelly Johnson and Wilmer Flores have handled second base in Walker’s absence and will continue to do so through the remainder of the season.