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?

Yu Darvish will be on 85-90 pitch count in 2016 debut on Saturday

FRISCO, TX - MAY 1:  Pitcher Yu Darvish #11 of the Frisco RoughRiders warms up in the bullpen before taking on the the Corpus Christi Hooks at Dr Pepper Ballpark on May 1, 2016 in Frisco, Texas. Darvish is on Major League rehabilitation assignment with the RoughRiders, the Double-A affiliate of the Texas Rangers.  (Photo by Ron Jenkins/Getty Images)
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Yu Darvish will be limited to 85-90 pitches when he makes his 2016 debut for the Rangers against the Pirates on Saturday, MLB.com’s T.R. Sullivan reports. Darvish hasn’t pitched since August 9, 2014 after undergoing Tommy John surgery.

Pitching coach Doug Brocail said, “That would be a good pitch count. It all depends on how he looks during the game and how many pitches he has. We’re not going to have him go out there and throw 150 pitches. Hopefully he gets out there and uses his fastball to get early outs and uses his pitches wisely and keeps us in the game.”

Darvish has made five minor league rehab appearances beginning on May 1. Over three starts with Double-A Frisco and two with Triple-A Round Rock, the right-hander yielded four runs (two earned) on nine hits and six walks with 21 strikeouts in 20 innings.

Francisco Rodriguez becomes the sixth to join the 400-save club

BALTIMORE, MD - MAY 15:  Francisco Rodriguez #57 of the Detroit Tigers pitches in the ninth inning against the Baltimore Orioles at Oriole Park at Camden Yards on May 15, 2016 in Baltimore, Maryland. Detroit won the game 6-5. (Photo by Greg Fiume/Getty Images)
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Tigers closer Francisco Rodriguez protected the Tigers’ lead in the ninth inning for what turned out to be a 3-1 victory. In doing so, he notched his league-leading 14th save of the season and the 400th save of his 15-year career. Rodriguez gave up a leadoff double to Freddy Galvis followed by a Maikel Franco single. However, he was able to retire Tommy Joseph on a sacrifice fly, Ryan Howard on a 4-3 ground out, and Carlos Ruiz on a strikeout to end the game.

Rodriguez is the sixth member of the 400-save club, joining Mariano Rivera (652), Trevor Hoffman (601), Lee Smith (478), John Franco (424), and Billy Wagner (422).

Rodriguez blew a save opportunity on Opening Day, but has gone 14-for-14 since. He carries a 3.57 ERA and a 16/6 K/BB ratio in 17 2/3 innings on the year.

Jose Canseco will participate in a softball home run derby contest in June

LONG BEACH, CA - JULY 16:  Jose Canseco #33 of the Long Beach Armada fields ground balls before the Golden Baseball League game against the Fullerton Flyers on July 16, 2006 at Blair Field in Long Beach, California.  (Photo By Christian Petersen/Getty Images)
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Former major leaguer Jose Canseco will be a guest at the Frisco Rough Riders game against the Springfield Cardinals on June 4. After the game, he’ll participate in a Home Run Derby Challenge in which he takes on local challengers and attempts to break his own world record for the longest softball home run at 622 feet.

Here’s the link to the Roughl Riders schedule, which offers details on the event.

For those who might not know, the Rough Riders are the Rangers’ Double-A affiliate. Springfield is the Cardinals’ Double-A affiliate.

Matt Harvey’s struggles continue

WASHINGTON, DC - MAY 24: Starting pitcher Matt Harvey #33 of the New York Mets works the first inning against the Washington Nationals at Nationals Park on May 24, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
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The Mets considered skipping Matt Harvey‘s start against the Nationals on Tuesday, but the right-hander said he wanted to make the start, so the club relented. Harvey has struggled mightily this season, entering the start with a 5.77 ERA and a 43/15 K/BB ratio in 48 1/3 innings.

Harvey was slammed for nine runs (six earned) in 2 2/3 innings in his most recent start against the Nationals last Thursday. He failed to finish the sixth inning in six of nine starts.

Things didn’t get any better for Harvey against the Nationals on Tuesday. He yielded five runs on eight hits — including three home runs — with two walks and a strikeout in five innings. Ryan Zimmerman, Anthony Rendon, and former teammate Daniel Murphy each clubbed homers against him. Meanwhile, Stephen Strasburg continued to dominate.

One wonders, if there isn’t anything physically wrong with Harvey — and there’s reason to suspect there might be, particularly due to a decline across the board in velocity — the Mets might just put him on the disabled list to give him a couple of weeks to clear his head. Harvey was booed by the home crowd last week, and failing to live up to expectations in New York can put a lot of pressure on a person.