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
After 71 years, the Cubs are headed back to the Fall Classic.
The dominance with which Clayton Kershaw attacked the Cubs in Game 2 of the NLCS was nonexistent in Game 6 as the Dodgers’ ace loaded the bases to start the first inning and scattered five extra bases and five runs over five frames. By the time Dave Roberts pulled his starter in the sixth inning, Kershaw was sitting on a Game Score of 33, the lowest he’s mustered since the start of the 2015 season. Only one of his strikes came via curveball, and whether he was having difficulty locating his off-speed stuff or felt more confident with the fastball-slider combo, it was the fewest curves he’d seen land for strikes all year (per David Adler).
Where the Dodgers were able to give Kershaw the edge in Game 2, they found themselves powerless against opposing hurler Kyle Hendricks. Hendricks turned out 7 1/3 scoreless frames with two hits and six strikeouts, preserving the Cubs’ second shutout of the postseason and the first since they bested the Giants in Game 1 of the NLDS. After his 1-0 loss to the Dodgers early in the NLCS, seeing the MLB ERA leader turn out a gem was a relief for the Cubs, especially one as spectacular as an 88-pitch two-hitter.
With Hendricks effectively stymieing the Dodgers’ best attempts to get on base, the Cubs played to their strengths at the plate. Kris Bryant and Ben Zobrist cleared the bases in the first inning for a two-run lead, followed by a Dexter Fowler RBI single in the second. Willson Contreras came through in the fourth inning for the Cubs, lifting an 87 m.p.h. slider to left field for his first home run of October, while Anthony Rizzo hit his second homer of the postseason on a 1-1 fastball in the fifth.
Neither bullpen allowed a single run from the sixth inning onward. Dodgers’ right-hander Kenley Jansen took the ball from Kershaw in the sixth, scattering four strikeouts over three innings and denying the Cubs so much as a single baserunner through the end of the game. Aroldis Chapman, meanwhile, issued just one walk in 1 1/3 scoreless frames, inducing a Yasiel Puig double play to clinch the Cubs’ 17th franchise pennant.
With the win, the Cubs will face off against the Indians in Game 1 of the World Series on Tuesday at 8 PM EDT. And, in case you needed a reminder:
So much for Clayton Kershaw posing a threat tonight. The Cubs got their knocks in early and often against the Dodgers’ ace during Game 6 of the NLCS, racking up three runs in the first three innings before rookie catcher Willson Contreras unleashed his first postseason home run in the bottom of the fourth inning.
According to MLB.com’s Phil Rogers, Contreras became the 10th Cub to homer in the 2016 playoffs, following big hits by Addison Russell, Anthony Rizzo, Dexter Fowler, Miguel Montero, David Ross, Jake Arrieta, Kris Bryant, Travis Wood, and Javier Baez. Of the ten home run hitters, Contreras joins catchers David Ross and Miguel Montero as yet another backstop capable of driving the long ball (and, less importantly, as another player capable of a sweet, sweet bat flip).
Rizzo, whose last homer was a deep drive to right field off of Los Angeles right-hander Pedro Baez in Game 4 of the NLCS, piled on Kershaw’s five-run outing with another home run in the bottom of the fifth inning. Kershaw called it a night after five frames, and the Cubs currently lead the Dodgers 5-0 in the sixth inning.