Bud Selig

MLB sues Biogeneis, Anthony Bosch, claims interference with contract

57 Comments

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.

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:


source:

*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

No structural damage found in Andrew Benintendi’s knee

ST. PETERSBURG, FL - AUGUST 24:  Shortstop Matt Duffy #5 of the Tampa Bay Rays tags out Andrew Benintendi #40 of the Boston Red Sox after Dustin Pedroia grounded into the double play  during the seventh inning of a game on August 24, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
Getty Images
5 Comments

Good news in Boston: An MRI on Red Sox outfielder Andrew Benintendi‘s left knee revealed no structural damage.

Benintendi slipped while trying to avoid a tag at second base, injuring his leg, but it appears he’s avoided a serious injury. A timetable for his return isn’t known at this point, but the Red Sox expect to get him back before the end of the season.

Benintendi is hitting .324/.365/.485 with a homer and ten RBI in 21 games.

Carlos Ruiz leaves a goodbye note for the Phillies

CLEARWATER, FL - FEBRUARY 26:  Carlos Ruiz #51 of the Philadelphia Phillies poses for a portrait on February 26, 2016 at Bright House Field in Clearwater, Florida.  (Photo by Elsa/Getty Images)
Getty Images
7 Comments

And then there was one. One player from the 2008 World Series champs, that is. Ryan Howard likely isn’t going anywhere so he’ll be the last one to turn the lights off, but today Carlo Ruiz bid adieu to the Phillies following his trade to Los Angeles.

Lost in all of the emotions the Dodgers are reported to be feeling about A.J. Ellis leaving is the fact that Ruiz was one of the most beloved Phillies players ever, by both his teammates and their fans. Yesterday Roy Halladay penned a heartfelt goodbye to Ruiz, suggesting that he was every bit as essential to his and the Phillies’ success as Ellis has been to Clayton Kershaw (and in pure baseball production, obviously, quite more).

Today Chooch left a message for his now former teammates: