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

Magic Johnson to take over the Lakers, but will still be part of Dodgers ownership

CHICAGO, IL - OCTOBER 15:  Earvin 'Magic' Johnson attends game one of the National League Championship Series between the Chicago Cubs and the Los Angeles Dodgers at Wrigley Field on October 15, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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This is more significant for basketball fans than baseball fans, but Magic Johnson is taking over basketball operations for the Los Angeles Lakers. Dan Feldman over at PBT has the full story on that.

For our purposes, you probably know that Johnson is part of the Dodgers ownership group. Anthony McCullough of the L.A. Times got comment from the Dodgers, saying that despite his new full-time job, his status with the Dodgers will be unchanged:

Maybe I’m alone in this, but I’m not entirely certain what Magic does with the Lakers, so the first clause in Kasten’s comment may be doing most of the heavy lifting here.

Matt Wieters is close to signing with the Washington Nationals

NEW YORK, NY - OCTOBER 02: Matt Wieters #32 of the Baltimore Orioles connects on a two-run home run in the fourth inning against the New York Yankees at Yankee Stadium on October 2, 2016 in the Bronx borough of New York City.  (Photo by Mike Stobe/Getty Images)
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Jon Heyman reports that the Nationals are closing in on a deal with catcher Matt Wieters. Joel Sherman of the New York Post reports that it’s a two-year deal. UPDATE: Ken Rosenthal reports that the deal is for two years, at $21 million. There is an opt-out for him after year one. He will get $10 million in 2017 and, if he returns in 2018, he’ll get $11 million.

Wieters was not expected to go this long without signing, but his market, which many thought would be robust, never materialized. The Nats had been rumored to be interested for months, but they were apparently waiting to swoop in late and get what one presumes will be a bargain.

Wieters, 30, finished last season hitting .243/.302/.409 with 17 home runs and 66 RBI in 464 plate appearances. The Nationals currently have Derek Norris and Jose Lobaton, so who falls where in the catcher fight in Washington is unclear, but one presumes that Wieters getting a two-year deal puts him at the top of the depth chart.