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

James McCann is in The Best Shape of His Life

Detroit Tigers catcher James McCann blows a bubble while warming up during a spring training baseball workout, Saturday, Feb. 27, 2016, in Lakeland, Fla. (AP Photo/John Raoux)
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As I note every spring, “Best Shape of His Life” stories aren’t really about players being in The Best Shape of Their Lives. They’re about players and agents seeking to create positive stories.

We know this because the vast majority of Best Shape of His Life claims are about guys who were either injured the season before, guys who had subpar years the season before or players whose conditioning was a point of controversy the season before. These folks, or their agents + reporters who have little if nothing to write about in the offseason = BSOHL.

James McCann hurt his ankle last season and had a subpar year at the plate. So not only is he a perfect BSOHL candidate, he went old school with the claim and hit it right on the money, verbatim:

Spring training is less than a month away, folks!

Bo Jackson is not gonna change kids’ minds

1989:  Bo Jackson #16 of the Kansas City Royals practices his swing as he prepares to bat during a game in the 1989 season.  (Photo by Jonathan Daniel/Getty Images)
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Last week Bo Jackson said that, if he had it to do all over again, he would have never played professional football and that he would never let his kids play. The sport is too violent, he said. “I’d tell them, ‘Play baseball, basketball, soccer, golf, just anything but football.’”

Fair enough. Thom Loverro of the Washington Times, however, thinks that Bo could do more than simply give his opinion on the matter. He thinks Bo should become an official ambassador for Major League Baseball:

Baseball commissioner Rob Manfred, pick up the phone right now and call Bo Jackson. Tell him you have a job for him — vice president of something, whatever you would call the man in charge of converting a generation of young athletes to baseball. And pay him what he wants.

You won’t find a better symbol of the differences between the two sports than Bo Jackson. After all, he was an All-Star in both. Bo knows football. Bo knows baseball.

Bo, tell the children — baseball over football.

The Children: “Who is Bo Jackson?”

Yeah, I’m being a bit flip here, but dude: Jackson is 54 years-old. He last played baseball 23 years ago. I’d personally run through a wall for Bo Jackson, but I’m 43. I was 12 when he won the Heisman trophy. While he may loom large to middle aged sports writers, a teenager contemplating what sport to play is not going to listen to someone a decade or more older than his parents.

This isn’t terribly important in the grand scheme of things, but it’s indicative of how most columnists process the world through their own experiences and assume they apply universally. It’s probably the biggest trap most sports opinion folks fall into.