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

Aaron Judge’s record strikeout streak ends at 37 games

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For the first time in a month and a half, Aaron Judge went an entire game without striking out, ending his record streak at 37 games. Judge had an RBI single and three walks in Tuesday night’s 13-4 victory over the Tigers.

Judge went 1-for-4 with a solo home run and zero strikeouts in a 9-4 loss to the Brewers on July 7. Between July 8 and August 20, Judge would strike out in all 37 games, breaking the record previously held by Adam Dunn, who struck out in the first 32 games of the 2012 season. If one counted streaks extending into multiple seasons, Dunn held the record at 36 games as he struck out in his final four games in 2011 as well.

After Tuesday’s performance, Judge is now hitting .284/.417/.594 with 37 home runs, 81 RBI, and 93 runs scored in 525 plate appearances on the season. He’s had a particularly rough second half, as he entered Tuesday with a .684 OPS since the All-Star break, a far cry from his 1.139 OPS before the break.

Video: Adrian Gonzalez doubles for his 2,000th career hit

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Dodgers first baseman Adrian Gonzalez was able to get a ground ball past Pirates first baseman Josh Bell for a double leading off the top of the sixth inning of Tuesday night’s game. He would come around to score later in the inning on a Corey Seager single, breaking a 1-1 tie.

The double gave Gonzalez 2,000 hits for his career. He is the 282nd player in baseball history and the 11th active player to reach 2,000 career hits. Gonzalez also has 300 home runs, making him one of 94 players with at least 300 dingers and 2,000 hits.

Gonzalez, who was recently activated from the disabled list, entered Tuesday’s action hitting .247/.295/.330 with one home run and 25 RBI in 201 plate appearances on the season.