Bud Selig

MLB sues Biogeneis, Anthony Bosch, claims interference with contract


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.















*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

The Diamondbacks met with Johnny Cueto’s agent

AP Photo/David Goldman
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Ken Rosenthal of FOX Sports reports that the Diamondbacks spoke with Bryce Dixon, the agent of free agent starter Johnny Cueto. However, Rosenthal notes that Cueto’s price tag is expected to exceed the Diamondbacks’ comfort level.

Cueto, 29, is one of a handful of highly touted starting pitchers in this offseason’s free agent class. He is joined by David Price and Zack Greinke, among others. Jordan Zimmermann inked a deal in the neighborhood of $110 million over five years with the Tigers on Sunday morning, which will serve as a barometer for Cueto.

Cueto finished the 2015 regular season, between the Reds and the Royals, with a 3.44 ERA and a 176/46 K/BB ratio over 212 innings. He made 13 shaky starts with the Royals, but outside of a shellacking in Game 3 of the ALCS against the Blue Jays, pitched well in the post-season. Cueto pitched a complete game in Game 2 of the World Series against the Mets, helping put the Royals up two games to none at the time.

As a result of switching teams during the season, Cueto was not eligible to receive a $15.8 million qualifying offer. This means that Cueto, unlike Zimmermann for example, does not come attached with draft pick compensation.

Red Sox president Dave Dombrowski is reportedly trying to trade Hanley Ramirez

Hanley Ramirez
AP Photo/Charles Krupa, File

Nick Cafardo provides this interesting nugget in his Sunday notes column at the Boston Globe

Hanley Ramirez, 1B-DH, Red Sox — There’s now talk in the front office that Dave Dombrowski is trying to move Ramirez in a deal. The Mariners, Orioles, and Angels seem to be the targets, and all three make sense.

Cafardo notes that “there are huge hurdles to cross” before a trade could happen — like how much of Hanley’s remaining salary the Red Sox would have to eat and what positions the soon-to-be 32-year-old is able to play defensively at this point in his career.

Boston’s higher-ups have asked Ramirez to learn first base and drop 20 pounds this winter. Whatever team is looking to acquire him would probably have to be comfortable with him serving primarily as a designated hitter.

Hanley is owed $68.2 million over the next three seasons and he carries a $22 million vesting option for 2019. He batted just .249/.291/.426 in 105 games this past year.

Ben Zobrist is the “Mets’ No. 1 target”

Ben Zobrist
AP Photo/Charlie Riedel

Ben Zobrist posted a cool .809 OPS (120 OPS+) in 126 games this summer between Oakland and Kansas City while appearing defensively at second base, third base, and both corner outfield positions.

His steady bat and defensive versatility make him a fit for just about every club in Major League Baseball, and the defending National League champions are among the teams in hot pursuit …

It’s a little odd to see the rebuilding Braves listed there given that Zobrist is 34 years old, but Rosenthal says the interest stems from a “desire for him to serve as [a] model for younger players” as the club prepares to open a new ballpark in 2017. Wasn’t that supposed to be Nick Markakis‘ job?

Zobrist and his agent Alan Nero are believed to be seeking a four-year deal.

Tigers agree to deal with starter Jordan Zimmermann

Jordan Zimmermann
AP Photo/Pablo Martinez Monsivais

Hey, the hot stove is finally generating some real fire …

CBS Sports’ Jon Heyman reports that the Tigers have agreed to terms on a contract with free agent starter Jordan Zimmermann. It’s a five-year deal worth around $110 million, per Jon Morosi of FOX Sports.

This should have a domino effect on a loaded starting pitching market. David Price, Zack Greinke, Johnny Cueto, Mike Leake, and Jeff Samardzija are just a few of the names still out there.

Zimmermann, 29, posted a 3.66 ERA, 1.21 WHIP, and 164/39 K/BB ratio in 201 2/3 innings this past season for the Nationals. He had a 2.66 ERA in 2014 and threw a no-hitter on the final day of the regular season.

Zimmermann’s free agency is tied to draft pick compensation because he rejected a one-year, $15.8 million qualifying offer from Washington, but the Tigers finished with one of the 10-worst win-loss records in 2015 so their first-round pick in 2016 is protected. Detroit will give up its second-round pick instead.