MLB Commissioner Bud Selig speaks during a news conference in New York

Major League Baseball’s lawsuit against Biogenesis should be laughed out of court

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And should probably cause the lawyers who file it to be slapped with sanctions, but I’ll get to that in a minute.

In case you missed it, the backstory here is that Major League Baseball plans to sue Biogenesis today in an effort to obtain the documents it has thus far been unable to obtain and which it needs to punish ballplayers like Ryan Braun and Alex Rodriguez for taking performance enhancing drugs.

There are, however, a few slight problems with this strategy. The largest being that this is a transparent and cynical attempt by Major League Baseball to obtain documents to discipline its employees, not an attempt to vindicate an actual legal injury, and courts do not like to be used in such a fashion.

Baseball has loudly lamented that it (a) has no way of getting the Biogenesis documents; and thus (b) has no way of punishing the ballplayers named in the documents. For them to now, suddenly, tell a judge that this is really about redressing some legal injury it suffered at the hands of this little clinic is laughable in the extreme. If someone had handed them a box of documents last week they would have never considered suing Biogenesis. They are now suing with the sole intent of getting documents. Which is problematic because the purpose of the legal system is to redress legal injury, not to be used as a cudgel in some employment dispute involving non-parties to the lawsuit or to help sports leagues with their public relations problems.

Baseball’s lawyers probably realize this, so they will not be so dumb as to put the real purpose of the lawsuit in the complaint. They will assert some legal claim in the suit — maybe tortious interference with a business relationship? — and claim they were damaged. Indeed, an expert cited in the New York Times story about all of this lays out how that might look:

“If I sold drugs to a baseball player, the league might say it damaged the good will of the league and its ability to make money and prosper,” Eckhaus said. “That’s probably a good claim.”

This would be a fun deposition:

Defense lawyer: Mr. Selig, your claim asserts that baseball has not been able to make money and prosper as a result of performance enhancing drugs like those alleged to have been given to your players by my client, yes?

Selig: Yes sir!

Defense lawyer: Can you tell me, Mr. Selig, how baseball’s revenues, profits, attendance, TV ratings and popularity have been negatively impacted as performance enhancing drugs?

Selig: …

Defense lawyer: Mr. Selig, you’d agree with me, wouldn’t you, that since the mid-1990s through the present day, baseball has had unprecedented financial success, yes?

Selig: …

Defense lawyer: And that this period, often called The Steroid Era, is when performance enhancing drugs proliferated?

Selig: …

Defense lawyer: And that now baseball is experiencing a mind-boggling windfall due to television dollars and exploding franchise values?

Selig: … well, um, that may be true. But Mr. Lupica is really, really upset.

It’s total nonsense to suggest financial damage here. If baseball asserts in its complaint that it has suffered financial damage due to the actions of Biogenesis it is lying. If it does not assert financial damage the complaint will be thrown out for failing to state a legal claim.

And it may be total nonsense for Major League Baseball to articulate a theory of recovery even if some damages claim can be cobbled together. I no longer have access to my magic legal research resources, but I’d be rather surprised if there is any kind of rich case history in which companies have been allowed to sue drug dealers for selling to its employees.  Employees are not the company’s property. They have no standing to assert such claims. Baseball would have a better claim against the NFL for damaging its brand than it would have against Anthony Bosch.  The Beatles would have just as good a claim against Yoko Ono for breaking them up than Selig would have against Biogenesis.

Baseball is having a highly-publicized, real time temper tantrum. It has been impotent in its attempts to obtain the Biogenesis documents and it casting about for any way to obtain them. That it is now looking to waste scarce legal resources in an ill-conceived lawsuit to do what it has been unable to do otherwise is every bit as shameful as it is unlikely to succeed. If they get a bored judge who doesn’t care about such things maybe this has some legs for a while. If they get a judge like most judges I’ve ever known — ones who do not abide nonsense like this — they could very well find their lawsuit dismissed with a quickness and their lawyers sanctioned as a result of the frivolity of the claims they are about to assert.

But hey, there’s part of me which actually wants this thing to go forward. Because if baseball is going to disingenuously claim that it has suffered financial damages as a result of all of this, it will have to turn over financial documents to prove that such damages exist. Tell me: when was the last time baseball was eager to do that?

Trevor May joins eSports team Luminosity

CLEVELAND, OH - AUGUST 04: Trevor May #65 of the Minnesota Twins pitches against the Cleveland Indians in the sixth inning at Progressive Field on August 4, 2016 in Cleveland, Ohio. The Indians defeated the Twins 9-2.  (Photo by David Maxwell/Getty Images)
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When he’s not throwing baseballs, Twins pitcher Trevor May is an active gamer. He streams on Twitch, a very popular video game streaming site, fairly regularly and now he’s officially on an eSports team. Luminosity Gaming announced the organization added May last Friday. It appears he’ll be streaming and commentating on Overwatch, a multiplayer first-person shooter made by Blizzard Entertainment.

May is the only current athlete to be an active member of an eSports team. Former NBA player Rick Fox owns Echo Fox, an eSports team that sports players in games including League of Legends, Super Smash Bros. Melee, Super Smash Bros. for Wii U, Street Fighter V, Marvel vs. Capcom 3, Call of Duty: Infinite Warfare, Counter-Strike: Global Offensive, and Mortal Kombat X. Jazz forward Gordon Hayward is also a known advocate of eSports.

The NBA in particular has been very active on the eSports front. Kings co-owners Andy Miller and Mark Mastrov launched NRG eSports in November 2015. Shortly thereafter, Grizzlies co-owner Stephen Kaplan invested in the Immortals eSports team. Almost a year later, the 76ers acquired controlling stakes in Team Dignitas and Team Apex. The same month, the Wizards’ and Warriors’ owners launched a group called Axiomatic, which purchased a controlling stake in Team Liquid, a long-time Starcraft: Brood War website which has since branched out into other games. And also in September 2016, Celtics forward Jonas Jerebko bought team Renegades, moving them to a group house in Detroit. In December 2016, the Bucks submitted a deal to Riot Games in order to purchase Cloud9’s Challenger league spot for $2.5 million. The Rockets that month hired someone specifically for eSports development, focusing on strategy and investment. Last month, the Heat acquired a controlling stake in team Misfits.

Once an afterthought, eSports has grown considerably in recent years and now it should be considered a competitor to traditional sports. League of Legends, in particular, is quite popular, reaching nearly 15 million concurrent viewers at its peak in the most recent League of Legends World Championship. That championship featured a prize purse of $6.7 million with $2 million of it being split among winner SK Telecom T1’s members.

Orioles re-sign Michael Bourn to a minor league deal

TORONTO, ON - OCTOBER 04:  Michael Bourn #1 of the Baltimore Orioles hits a single in the fifth inning against the Toronto Blue Jays during the American League Wild Card game at Rogers Centre on October 4, 2016 in Toronto, Canada.  (Photo by Tom Szczerbowski/Getty Images)
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The Orioles have re-signed outfielder Michael Bourn to a minor league contract with an invitation to major league camp, MASN’s Roch Kubatko reports.

Bourn, 34, joined the Orioles last year in a trade from the Diamondbacks on August 31. Though he compiled a meager .669 OPS with the Diamondbacks, Bourn hit a solid .283/.358/.435 in 55 plate appearances with the O’s through the end of the season.

Bourn, a non-roster invitee to camp, will try to play his way onto the Orioles’ 25-man roster. If he does make the roster, Bourn will receive a $2 million salary, Jon Heyman of FanRag Sports points out.