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

Hisashi Iwakuma’s 2017 option vests, but salary still undetermined

OAKLAND, CA - AUGUST 13: Hisashi Iwakuma #18 of the Seattle Mariners pitches against the Oakland Athletics in the bottom of the third inning at the Oakland Coliseum on August 13, 2016 in Oakland, California. (Photo by Thearon W. Henderson/Getty Images)
Thearon W. Henderson/Getty Images
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With last Wednesday’s start against the Yankees, Mariners hurler Hisashi Iwakuma pushed his 2016 innings total up to 2016. That clears the 162-inning hurdle for his 2017 option to vest at $14 million. However, as Steve Adams of MLB Trade Rumors reports, the language in Iwakuma’s contract also stipulates that the right-hander finish the season without suffering a specific injury.

Iwakuma, 35, was in agreement with the Dodgers on a three-year contract back in December but failed the physical, which nullified the deal. He ended up signing with the Mariners on a one-year, $12 million deal with a full no-trade clause and club options for 2017 and ’18 that vest at specific inning thresholds (162 each or 324 for both seasons).

This season, Iwakuma has stayed healthy, making 26 starts to the tune of a 14-9 record, a 3.81 ERA and a 118/36 K/BB ratio in 163 innings.

Ichiro Suzuki passes Wade Boggs for 27th on baseball’s all-time hits list

MIAMI, FL - AUGUST 28: Ichiro Suzuki #51 of the Miami Marlins grounds out during the 2nd inning against the San Diego Padres at Marlins Park on August 28, 2016 in Miami, Florida. (Photo by Eric Espada/Getty Images)
Eric Espada/Getty Images
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Marlins outfielder Ichiro Suzuki deposited a single to left-center field in the fourth inning of Monday night’s game against the Mets, then added a double to center field in the eighth. Those mark hits No. 3,010 and 3,011 for Suzuki in his major league career, tying and then moving past Wade Boggs for sole possession of 27th on baseball’s all-time hits list.

Suzuki would come around to score on a double by Xavier Scruggs to break a scoreless tie in the eighth.

Here’s the video of Ichiro’s first hit.

By the end of the season, Suzuki will have presumably moved ahead of Rafael Palmeiro (26th; 3,020) and Lou Brock (25th; 3,023).

Suzuki was 2-for-4 after the double. With baseball’s fifth month nearly complete, the 42-year-old is currently batting .298/.371/.373.