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

Your 2016 Winter Meetings Wrapup

national-harbor
Gaylord National Resort
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OXON HILL, MD — The 2016 Winter Meetings are over.  As usual, there was still no shortage of excitement this year. More trades than we’ve seen in the past even if there are still a lot of free agents on the market. Whatever the case, it should make the rest of December a bit less sleepy than it normally is.

Let’s look back at what went down here at National Harbor this week:

Well, that certainly was a lot! I hope our coverage was useful for you as baseball buzzed through its most frantic week of the offseason. And I hope you continue coming back here to keep abreast of everything happening in Major League Baseball.

Now, get me to an airport and back home.

Eighteen players selected in the Rule 5 Draft

rule-5
MLB
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OXON HILL, MD — The Rule 5 Draft just went down here at National Harbor. As always, it was the last event of the Winter Meetings. As usual, you likely don’t know most of the players selected in the Draft, even if a couple may make a splash one day in the future.

In all, 18 players were taken in the Major League phase of the Rule 5. Here they are, with the name of the team which selected them:

Round 1
1. Twins:  Miguel Diaz, RHP, Brewers
2. Reds: Luis Torrens, C, Yankees
3. Padres: Allen Cordoba, SS, Cardinals
4. Rays: Kevin Gadea, Mariners
5. Braves: Armando Rivero, RHP, Cubs
6. D-backs: Tyler Jones, RHP, Yankees
7. Brewers: Caleb Smith, LHP, Yankees
8. Angels  Justin Haley,RHP, Red Sox
9. White Sox:  Dylan Covey, RHP, A’s
10. Pirates: Tyler Webb, LHP, Yankees
11. Tigers: Daniel Stumpf, LHP, Royals
12. Orioles: Aneury Tavarez, 2B, Red Sox
13. Blue Jays: Glenn Sparkman, RHP, Royals
14. Red Sox: Josh Rutledge, INF, Rockies
15. Indians: Holby Miller, LHP, Phillies
16. Rangers: Michael Hauschild, RHP, Astros

Round 2
17. Reds:  Stuart Turner, C, Twins
18. Orioles:  Anthony Santander, OF, Indians

For a breakdown of most of these guys and their big league prospects, check this story out at Baseball America. Like I said, you don’t know most of these guys. And, while there have been some notable exceptions in Rule 5 Draft history, most won’t make a splash in the big leagues.

Each player cost their selecting team $100,000. Each player must remain on the 25-man roster of his new club for the entire season or, at the very least, on the disabled list. If he is removed from the 25-man, the team which selected him has to offer him back to his old team for a nominal fee. Sort of like a stocking fee when you return a mattress or something. Many of these guys, of course, will not be returned and, instead, will be stashed on the DL with phantom injuries.

Aren’t transactions grand?