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: Yankees close to trading Aroldis Chapman

NEW YORK, NY - MAY 09:  Aroldis Chapman #54 of the New York Yankees pitches in the ninth inning against the Kansas City Royals at Yankee Stadium on May 9, 2016 in the Bronx borough of New York City.  (Photo by Jim McIsaac/Getty Images)
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The Yankees are believed to be close to trading closer Aroldis Chapman, Ken Rosenthal of FOX Sports reported on Saturday. Jon Heyman of Today’s Knuckleball reported on Sunday that owner Hal Steinbrenner hasn’t given authorization to sell “top guys,” which would include Chapman. The Yankees told other clubs they’re holding onto reliever Andrew Miller.

The Nationals and Indians have been the most aggressive in pursuit of Chapman. Bruce Levine of 670 The Score reported on Sunday that the Indians “have the best names on the table” for Chapman. ESPN’s Keith Law reported that the Nationals were offering prospects Erick Fedde and Koda Glover along with another unnamed prospect.

The Giants and Cubs have also been reported to have interest in acquiring Chapman. CSN Bay Area’s Alex Pavlovic didn’t sense that the Giants are in the “final mix” for Chapman, and the Cubs are more interested in Miller than Chapman, Heyman reported.

Since returning to the Yankees, Chapman has recorded 20 saves in 21 chances with a 2.01 ERA and a 44/8 K/BB ratio in 31 1/3 innings. Chapman will become eligible for free agency after the season. In the event Chapman is traded, Miller will likely move into the closer’s role with Dellin Betances setting up the eighth inning.

[Content note: The following will contain descriptions of an incident during which Chapman allegedly assaulted his girlfriend.]

Chapman, 28, served a 30-game suspension beginning at the start of the regular season due to an offseason incident during which he allegedly choked his girlfriend and fired off eight gunshots in his garage. The police didn’t file official charges.

Mike Piazza, Ken Griffey, Jr. inducted into the Baseball Hall of Fame

COOPERSTOWN, NY - JULY 24:  Mike Piazza (L) and Ken Griffey Jr. pose with thier plaques at Clark Sports Center after the Baseball Hall of Fame induction ceremony on July 24, 2016 in Cooperstown, New York.  (Photo by Jim McIsaac/Getty Images)
Jim McIsaac/Getty Images
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As Craig previewed on Friday, catcher Mike Piazza and outfielder Ken Griffey, Jr. were inducted into the Baseball Hall of Fame on Sunday. The Hall’s official Twitter account tweeted photos of each player’s plaque.

Junior, of course, should’ve been depicted with a backwards baseball cap in his plaque. He did put his cap on backwards during his speech.

Craig covered the analysis angle on Friday, so I’ll share my personal perspective.

As someone who grew up watching Piazza and Griffey, it’s cool to see them inducted into the Hall of Fame. As I’m not yet in my 30’s, I only recently got used to seeing my childhood favorites getting inducted into Cooperstown. Looking at the list, Barry Larkin was probably the first player inducted whose career I completely remember following. Since then, this time every July has made me feel pretty old, even if that’s not actually the case. It’s like, “It’s been six years since he retired already?”

If you were a kid growing up in the 1990’s and you played baseball, you mimicked Griffey’s swing. I was terrible at hitting, so it didn’t help me any, but it was a cool feeling when you did Junior’s signature waggle at the plate and connected with a pitch. And if you grew up with video games in the ’90’s, you probably also played his self-titled Super Nintendo Game:

Piazza is a special case, as I’m from southeast Pennsylvania. He was from nearby Norristown and Phoenixville, and as such was the pride of the state even if he spent most of his time across the country and, later, with the rival Mets. It wasn’t uncommon to see people hate the Mets’ guts but still cheer when Piazza homered, as long as it wasn’t against the Phillies. There was one particular home run which had everyone cheering, no matter their affiliation:

Congratulations to Griffey and Piazza for being immortalized into the Baseball Hall of Fame on Sunday, a well-deserved honor.

The 2017 Hall of Fame ballot will bring back Jeff Bagwell, Tim Raines, Trevor Hoffman, Curt Schilling, Roger Clemens, Barry Bonds, Edgar Martinez, Mike Mussina, Lee Smith, Fred McGriff, Jeff Kent, Larry Walker, Gary Sheffield, Billy Wagner, and Sammy Sosa. First-timers will include Ivan Rodriguez, Manny Ramirez, Vladimir Guerrero, Javier Vazquez, Mike Cameron, J.D. Drew, Jorge Posada, Magglio Ordonez, Derrek Lee, Tim Wakefield, Edgar Renteria, Melvin Mora, Carlos Guillen, Jason Varitek, Orlando Cabrera, Aaron Rowand, Pat Burrell, Freddy Sanchez, Arthur Rhodes, Julio Lugo, and Danys Baez.