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

Red Sox move Clay Buchholz to the bullpen

BOSTON, MA - MAY 26:  Clay Buchholz #11 of the Boston Red Sox is relieved during the sixth inning against the Colorado Rockies  at Fenway Park on May 26, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox manager John Farrell announced Friday that Clay Buchholz has been moved to the bullpen.

Buchholz was lit up for six runs on Thursday in just the latest poor outing in a year full of them thus far. His ERA now sits at a lofty 6.35 and he is posting a career low strikeout rate of 5.9 per nine innings while both his walk rate and his home run rates have spiked. His WHIP — 1.465 — is the worst he’s posted since 2008.

Eduardo Rodriguez will take his place in the rotation when he comes off the disabled list. He’ll get what would have been Buchholz’s next start on Tuesday.

According to the depth chart, Buchholz was the Red Sox’ second starter. He’s been their worst starter by far this year, however, and now he’s likely a long man who will be seeing mopup duty for the foreseeable future.

Jurickson Profar called up, to get his first MLB action since 2013

Jurickson Profar
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The Texas Rangers have called up infielder Jurickson Profar from Triple-A Round Rock. He’s starting at second base and batting leadoff for the Rangers.

Profar has not seen action in the bigs since the end of the 2013 season, having missed two seasons with shoulder injuries. He has batted .284/.356/.426 with five homers and four steals across 189 plate appearances with Round Rock this season, however, and seems to be healthy again. His stay with the Rangers could be short — he’s basically coming up to fill in for Roughned Odor — but he’s still just 23 and it’s not hard to imagine him making another go of it as a big league regular eventually.

Here’s hoping anyway.

Jose Bautista’s suspension is upheld

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Major League Baseball has upheld Jose Bautista‘s one-game suspension arising out of the Rougned Odor fracas. Bautista tried to have it thrown out on appeal, but really, if you get one game they’re not gonna budge on that. Maybe if they start with half-game suspensions they’ll be room to work, but when the choice is one or none, MLB is going to stick with one.

Bautista will serve the suspension tonight against the Red Sox. Ezequiel Carrera will take his place in right field.

What’s on tap: previewing tonight’s action

MINNEAPOLIS, MN - JULY 13:  Julio Urias of the World Team during the SiriusXM All-Star Futures Game at Target Field on July 13, 2014 in Minneapolis, Minnesota.  (Photo by Hannah Foslien/Getty Images)
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The big game is in New York, where Julio Urias makes his major league debut against Jacob deGrom and the New York Mets. Urias, 19, has 27 consecutive scoreless innings under his belt. All at Triple-A, of course. The debuts of young pitchers tend not to go too well, but at the very least you’ll see a guy with electric stuff and you’ll be able to say you saw him back when he was just a lad.

Another nice matchup pits Jaime Garcia against Max Scherzer. Garcia has struggled of late but is always capable of a big game. Scherzer has had some of the biggest games of the past couple of years. Masahiro Tanaka vs. Chris Archer is another matchup with star power, even if Archer hasn’t lived up to his billing of late. Tanaka has only pitched on game in Tropicana Field but it was a great game, tossing seven shutout innings while striking out eight. He may be the only person alive who likes it there.

Here’s tonight’s slate. And, well, this afternoon’s game in Chicago too:

Philadelphia Phillies (Adam Morgan) @ Chicago Cubs (Jon Lester), 2:20 PM EDT, Wrigley Field

St. Louis Cardinals (Jaime Garcia) @ Washington Nationals (Max Scherzer), 7:05 PM EDT, Nationals Park

Boston Red Sox (Joe Kelly) @ Toronto Blue Jays (Aaron Sanchez), 7:07 PM EDT, Rogers Centre

Baltimore Orioles (Mike Wright) @ Cleveland Indians (Trevor Bauer), 7:10 PM EDT, Progressive Field

Los Angeles Dodgers (Julio Urias) @ New York Mets (Jacob deGrom), 7:10 PM EDT, Citi Field

New York Yankees (Masahiro Tanaka) @ Tampa Bay Rays (Chris Archer), 7:10 PM EDT, Tropicana Field

Miami Marlins (Adam Conley) @ Atlanta Braves (Williams Perez), 7:35 PM EDT, Turner Field

Pittsburgh Pirates (Jonathon Niese) @ Texas Rangers (Cole Hamels), 8:05 PM EDT, Globe Life Park in Arlington

Cincinnati Reds (John Lamb) @ Milwaukee Brewers (Zach Davies), 8:10 PM EDT, Miller Park

Chicago White Sox (Miguel Gonzalez) @ Kansas City Royals (Danny Duffy), 8:15 PM EDT, Kauffman Stadium

San Francisco Giants (Matt Cain) @ Colorado Rockies (Tyler Chatwood), 8:40 PM EDT, Coors Field

San Diego Padres (Christian Friedrich) @ Arizona Diamondbacks (Robbie Ray), 9:40 PM EDT, Chase Field

Detroit Tigers (Michael Fulmer) @ Oakland Athletics (Sean Manaea), 10:05 PM EDT, Oakland Coliseum

Houston Astros (Mike Fiers) @ Los Angeles Angels (Matt Shoemaker), 10:05 PM EDT, Angel Stadium of Anaheim