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

Video: Gift Ngoepe singles in his first major league at-bat

Justin K. Aller/Getty Images
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Pirates infielder Gift Ngoepe, just called up from Triple-A Indianapolis, singled in his first major league at-bat on Wednesday evening against Cubs starter Jon Lester. It was a well-struck ground ball up the middle in the bottom of the fourth inning. Unfortunately for him, the Pirates could not bring him around to score.

Ngoepe, who was pinch-hitting, stayed in the game to play second base.

Shelby Miller getting third opinion on elbow from Dr. James Andrews

Denis Poroy/Getty Images
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Diamondbacks starter Shelby Miller was placed on the 10-day disabled list on Monday due to inflammation in his right elbow. He had a second opinion from Dr. Neal ElAttrache on Tuesday and is currently awaiting a third opinion from Dr. James Andrews, Craig Grialou of Arizona Sports reports. That he’s getting a third opinion seems to imply that Miller’s elbow issue is rather serious.

Miller, 26, hasn’t been able to catch a break since joining the Diamondbacks. Last year’s nightmarish season included a finger injury stemming from mechanical woes and a brief demotion to the minor leagues. In 20 starts in the majors last year, Miller posted an ugly 6.15 ERA. This year, his ERA is a mediocre 4.09 over four starts.

The Diamondbacks called up Zack Godley to take Miller’s spot in the rotation. There was some speculation that it would be Archie Bradley instead, but he’s been working out of the bullpen.