Bud Selig

MLB sues Biogeneis, Anthony Bosch, claims interference with contract


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

Orioles interested in Denard Span

Denard Span
AP Photo/Alex Brandon
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MASN’s Roch Kubatko is reporting that the Orioles have “some level” of interest in free agent outfielder Denard Span. The Nationals did not make a $15.8 million qualifying offer to Span, which means he doesn’t come attached with draft pick compensation unlike other free agents such as Alex Gordon and Dexter Fowler.

Span, who turns 32 in February, hit a solid .301/.365/.431 with five home runs, 22 RBI, 38 runs scored, and 11 stolen bases, but took only 275 plate appearances due to back and hip injuries. He underwent season-ending hip surgery in September but is expected to be ready to participate in spring training.

The Mets and Royals have also reportedly shown interest in Span’s services.

Blue Jays showing interest in Ryan Madson

Ryan Madson
AP Photo/Orlin Wagner
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ESPN’s Jerry Crasnick reports that the Blue Jays are on the prowl for relievers with closing experience. Ryan Madson is one of the names on their list.

Madson, 35, had a career rebirth with the Royals in 2015. He signed a minor league deal with the club that paid him a salary of $850,000 if he made it back to the majors. Due to a plethora of arm injuries, Madson hadn’t pitched in the majors since Game 5 of the 2011 NLDS against the Cardinals as a member of the Phillies. For the Royals, he wound up becoming a crucial member of the bullpen, finishing with a 2.13 ERA and a 58/14 K/BB ratio over 63 1/3 innings.

While Madson allowed five runs in 8 1/3 post-season innings, he pitched well when it mattered most, as he hurled three scoreless frames in three appearances in the World Series against the Mets.

Madson has closing experience, with 55 career saves. 32 of them came in 2011 when he took over the closer’s role from Brad Lidge.

After signing Marco Estrada and J.A. Happ, and trading for Jesse Chavez, the Jays have bolstered their rotation but it was reported on Saturday that interim GM Tony LaCava is still focused on upgrading the pitching staff.

Trevor Cahill considering the Pirates as a potential destination

Trevor Cahill
AP Photo/Paul Beaty

ESPN’s Buster Olney reports that free agent pitcher Trevor Cahill is looking for a one-year, bounce-back deal. The Pirates are one of the potential teams he is considering.

It’s no surprise that the Pirates are on Cahill’s list. Pirates pitching coach Ray Searage has garnered a reputation as a miracle worker after turning around the careers of a handful of pitchers, including Edinson Volquez, Francisco Liriano, and J.A. Happ. Volquez parlayed a one-year, $5 million deal with the Pirates into a two-year, $20 million deal with the Royals last December. Liriano signed with the Pirates on a one-year, $1 million contract and turned that into a three-year, $39 million deal. Happ, dealt to the Pirates from the Mariners at the most recent trade deadline, just signed a three-year, $39 million contract with the Blue Jays.

Cahill, once a highly-regarded pitching prospect, has scuffled over parts of seven seasons in the majors. The 27-year-old owns a career 4.13 ERA with a 754/427 K/BB ratio in 1,083 2/3 innings. Cahill had some brief success after signing with the Cubs as a free agent in mid-August, compiling a 2.12 ERA in 11 appearances out of the bullpen.

Blue Jays narrow GM search to two candidates: Tony LaCava and Ross Atkins

Tony LaCava
AP Photo/Wilfredo Lee

Jon Heyman of CBS Sports reports that the Blue Jays have narrowed their search for a new general manager down to two candidates: current interim GM Tony LaCava, and Indians vice president of player personnel Ross Atkins. Former Jays GM Alex Anthopoulos resigned last month.

LaCava was promoted to interim GM on November 2 and has already made a handful of moves along with new president Mark Shapiro. The club acquired Jesse Chavez in a trade and signed pitchers Marco Estrada and J.A. Happ to multi-year deals.

Atkins worked under Shapiro in the Indians organization for 15 seasons, so it is no surprise that he is a finalist for the open GM position.