Bud Selig

MLB sues Biogeneis, Anthony Bosch, claims interference with contract

57 Comments

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.

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:

source:


source:

*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

Stephen Strasburg unlikely to pitch in the NLDS

WASHINGTON, DC - SEPTEMBER 07:  Stephen Strasburg #37 of the Washington Nationals walks off the field after an injury in the third inning against the Atlanta Braves at Nationals Park on September 7, 2016 in Washington, DC.  (Photo by Greg Fiume/Getty Images)
Greg Fiume/Getty Images
1 Comment

Nationals GM Mike Rizzo said on Tuesday that starter Stephen Strasburg is unlikely to pitch in the NLDS against the Dodgers, Chase Hughes of CSN Mid-Atlantic reports. Strasburg hasn’t pitched since September 7 due to a strained flexor mass.

Strasburg was pitching well before a few poor starts prior to being shut down in August. He currently holds a 3.60 ERA with a 183/44 K/BB ratio in 147 2/3 innings.

The Nationals signed Strasburg to a seven-year, $175 million contract extension in May. This was obviously not how they invisioned his 2016 campaign going.

A.J. Cole fined, suspended five games for throwing at Jung Ho Kang

PITTSBURGH, PA - SEPTEMBER 25:  Home plate umpire Jordan Baker ejects A.J. Cole #22 of the Washington Nationals in the third inning during the game at PNC Park on September 25, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
Justin K. Aller/Getty Images
Leave a comment

Nationals starter A.J. Cole has been fined an undisclosed amount and suspended five games by Major League Baseball for intentionally throwing at Pirates third baseman Jung Ho Kang on Sunday, Chelsea Janes of The Washington Post reports. Cole is appealing his suspension.

Kang faked a tag on Bryce Harper, who was coming into third base on a triple. The fake-out caused Harper to slide awkwardly, injuring his left thumb. The Nationals took exception to this and Cole threw a fastball that ended sailing behind Kang’s back during his next at-bat. Cole was ejected and both benches emptied. There was some yelling and some light pushing and shoving, but nothing beyond that.

Cole will remain active until his appeal is heard, which may allow him to make one more start before the end of the regular season. He’s carrying a 5.09 ERA with a 37/14 K/BB ratio in 35 1/3 innings over seven starts this season.