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
According to Jorge Castillo of the Washington Post, Nationals infielder Danny Espinosa declined to attend the team’s annual Winterfest because of his dissatisfaction with management following their trade for outfielder Adam Eaton.
A source told Castillo that Espinosa’s unhappiness stemmed from a belief that the acquisition would jeopardize his starting role in 2017. With Eaton in center field, Trea Turner will likely return to his post at shortstop, leaving Espinosa out in the cold — or, as the case may be, on the bench. The move shouldn’t come as a big surprise to Espinosa, however, as Nationals’ GM Mike Rizzo spoke to the possibility of trading the infielder or reassigning him to a utility role back in early November.
Offensively, the 29-year-old had a down year in 2016, slashing just .209/.306/.378 with 24 home runs in 601 PA. Defensively, he still profiles among the top shortstops in the National League, with eight DRS (Defensive Runs Saved) and 8.3 Def (Defensive Runs Above Average) in his seventh year with the club.
Espinosa will reach free agency after the 2017 season.
The Red Sox might be trying to move the wrong pitcher, according to the Boston Globe’s Nick Cafardo. Cafardo revealed that while the Sox have been trying to market right-hander Clay Buchholz, more teams would be interested in trades involving southpaw Drew Pomeranz.
The club appears reluctant to deal Pomeranz, especially because his price tag comes in at a cool $4.7 million to Buchholz’s $13.5 million in 2017. Those who have already expressed interest in the veteran hurlers, including the Twins, Mariners and Royals, also seem put off by Buchholz’s salary requirements as he enters his 32nd year.
Health could be another factor preventing teams from jumping to make trade offers, as Cafardo quotes an AL executive who believes the “medicals on both Pomeranz and Buchholz probably aren’t that great.” Neither pitcher suffered any major injuries during the 2016 season, though Pomeranz missed just over a week of play due to forearm soreness.
Pomeranz outperformed his fellow starter in 2016, pitching to a 3.32 ERA and career-best 9.8 K/9 through 170 2/3 innings with the Padres and Red Sox. He got off to an exceptionally strong start in San Diego, where his ERA dropped to 2.47 through the first half of the year before the Padres dealt him to Boston for minor league right-hander Anderson Espinoza. Buchholz, on the other hand, struggled with a 4.78 ERA and saw a decline in both his BB/9 and K/9 rates as he worked out a career-low 1.69 K/BB through 139 1/3 innings with the Sox.