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

Reds’ manager Bryan Price extended through 2017

PHOENIX, AZ - AUGUST 28: Manager Bryan Price #38 of the Cincinnati Reds looks on during the fifth inning against the Arizona Diamondbacks at Chase Field on August 28, 2016 in Phoenix, Arizona.  (Photo by Norm Hall/Getty Images)
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The Reds will roll with manager Bryan Price for at least one more season. Per MLB.com’s Mark Sheldon, Price has been extended through the 2017 season with a club option for 2018. He won’t be the only familiar face leading the team, as the Reds have reportedly asked the entire coaching staff to return as well.

This is Price’s second consecutive season with 90+ losses since Cincinnati signed him to a three-year contract back in 2014. While he hasn’t been able to replicate the same kind of success that former skipper Dusty Baker found in 2012 and 2013, he’s been saddled with a team that’s still in the throes of rebuilding, not one that looks on the cusp of playoff contention. It is, after all, the same team that has not seen a healthy season from Homer Bailey since Price’s arrival, one that unloaded Jay Bruce for a pair of prospects earlier this year and one whose pitching staff set a single-season record for most home runs given up by a major league team.

Justifying Price’s extension requires a different kind of yardstick, one that measures player development and individual success over the cumulative win-loss record. Here, Price has overseen solid performances from contributors like Adam Duvall, who is batting .244/.297/.506 with 2.9 fWAR in his first full major-league season, as well as young arms like Anthony DeSclafani, Brandon Finnegan, and Michael Lorenzen, among others.

From comments made by Reds’ CFO Bob Castellini, Price’s success within a rough rebuilding process appears to have cemented his place within the club, at least for the time being.

I like the young, aggressive team Walt and Dick have put together with players from within our system and from recent trades. […] Bryan has been here seven seasons now. He’s comfortable with the direction we are heading with our young players, and we are comfortable with him leading us in that direction.

Dusty Baker calls the Nationals “a baby making team.” Whatever that means.

PHILADELPHIA, PA - AUGUST 31: Manager Dusty Baker #12 of the Washington Nationals looks on before the start of a game against the Philadelphia Phillies at Citizens Bank Park on August 31, 2016 in Philadelphia, Pennsylvania. (Photo by Rich Schultz/Getty Images)
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When the Nationals fired Matt Williams a year ago, it might’ve been a safe assumption that they were going to go with that new breed of young, handsome recently-retired player-turned-manager who, despite a lack of experience, allegedly knows how to deal with modern players better and knows how to handle a clubhouse. Those assumptions have proved largely off with these guys — Williams was a disaster, Matheny wins despite himself and Ausmus looks like he’s perpetually on the verge of a breakdown — but that’s the all the rage these days anyway.

Instead, the Nats hired Dusty Baker. Though Baker had tremendous success as a manager everywhere he went, he was maligned by some for some pitcher handling stuff in Chicago (which said pitchers have long denied was an issue, but let’s let that lie). He was also, more generally, thought of as a “retread.” Which is what people who prefer younger folks for jobs tend to call older people, even if the older people know what they’re doing.

And yes, I will cop to thinking about managers that way a lot over the years, so I’m not absolving myself at all here, even if I was pretty OK with the Dusty Baker hiring. I’ve evolved on this point. In no small part because of how Dusty Baker has done in Washington. Flash forward a year, the Nats are division champions and Baker may be a top candidate for Manager of the Year. That, in and of itself, should show you how wrong the haters were.

But if it doesn’t, this sure should:

I have no earthly idea what that means and Castillo gives no further context. All I know is that it sounds cool as hell and of any current manager, only Dusty Baker could say that and pull it off.

Because he’s Dusty Baker and has nothing to prove to you. And if you don’t like it, shoot, he’ll just go back home to his winery or whatever and live out the rest of his days being cooler than you.