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

Felix Hernandez dealing with “dead arm”

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Mariners starter Felix Hernandez is dealing with “dead arm” and will head back to Seattle to have his shoulder examined, Ryan Divish of the Seattle Times reports. Hernandez was reportedly visibly upset and left the clubhouse quickly, declining to speak to the media, Divish adds.

Hernandez wasn’t long for Tuesday’s game against the Tigers, as he lasted just two innings, yielding four runs on six hits and two walks with two strikeouts. The Mariners went on to lose 19-9. Hernandez is now carrying a 4.73 ERA over his first five starts.

Not much else can go wrong for the Mariners, who are now 8-13 in last place in the AL West. Mitch Haniger also suffered an oblique injury on Tuesday, joining what is becoming a lengthy list of dinged-up Mariners.

Video: Chris Coghlan dives home to beat the tag

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Blue Jays pinch-hitter Chris Coghlan found a creative way to beat the tag from Cardinals catcher Yadier Molina in the top of the seventh inning of Tuesday night’s game.

With the score tied 2-2, the Jays had a runner on first base and one out as Kevin Pillar faced reliever Matt Bowman. Pillar drove a 1-1 fastball to deep right field. Stephen Piscotty leaped in an attempt to make the catch, but the ball caromed off the wall and back towards the field. Coghlan, who was on first, made his way around third towards home. Piscotty threw home past the cutoff man and the ball reached Molina on several bounces. As Molina went low to apply the tag, Coghlan went high, leaping into the air and somersaulting into home plate to score the go-ahead run.

The Blue Jays would go on to score two in the inning, but the Cardinals answered with two of their own in the bottom half of the seventh. As of this writing, the score remains tied at four apiece.