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?

Yordano Ventura represented the best and worst of baseball’s culture

BOSTON, MA - AUGUST 28:  Yordano Ventura #30 of the Kansas City Royals delivers in the first inning during a game against the Boston Red Sox on August 28, 2016 at Fenway Park in Boston, Massachusetts.  (Photo by Adam Glanzman/Getty Images)
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It was reported this morning that Royals pitcher Yordano Ventura was killed in a car accident in the Dominican Republic. Former prospect Andy Marte was also killed in a separate car accident. Along with Jose Fernandez and Oscar Taveras, the baseball world has lost a lot of young, exciting talent in a very short amount of time.

Ventura was, like all of us, a complex human being. At his best, he was an exciting, talented, emotive pitcher who featured an electric fastball which sat in the mid-90’s and occasionally touched 100 MPH. At his worst, he was an immature, impressionable kid trying to fit in by exacting revenge against batters he felt had wronged him by slinging those electric fastballs at vulnerable areas of their bodies.

Baseball needed Ventura when he was at his best. It is players like him and Fernandez, not Mike Trout, that bring in new fans to the sport. To baseball die-hards, Angels outfielder Mike Trout is the pinnacle of entertainment because we know he’s an otherworldly talent. But to the average fan, Trout is just another player who hits a couple of homers and doesn’t do anything particularly interesting otherwise. Trout is milquetoast. Ventura was never an All-Star, but fans knew who he was because he made his presence felt every time he made a start. He was fun, if sometimes vengeful.

Ventura’s baseball rap sheet is rather lengthy for someone who only pitched parts of four seasons in the big leagues. Early in the 2015 season, Ventura found himself in a handful of benches-clearing incidents in quick succession. On April 12, he jawed with Trout, apparently misunderstanding the motivation behind Trout yelling, “Let’s go!” Though catcher Salvador Perez intervened, Trout’s teammate Albert Pujols ran in from second base and the benches cleared shortly thereafter. On the 18th, some drama between the Athletics and Royals continued. Ventura fired a 99 MPH fastball at Brett Lawrie, resulting in his immediate ejection from the game. More beanball wars ensued in the series finale the following day. Finally, on the 23rd, Ventura hit White Sox first baseman Jose Abreu with a 99 MPH fastball in the fourth inning. Ventura was not ejected… until after the completion of the seventh inning. Walking back to the dugout, Ventura barked at White Sox outfielder Adam Eaton and — you guessed it — the benches cleared. All told, Ventura was fined for his behavior with the Athletics and suspended seven games for the White Sox incident.

In August 2015, Ventura called Blue Jays outfielder Jose Bautista a “nobody” and accused him of stealing signs. He apologized shortly thereafter. Two months later, during his start in Game 6 of the ALCS against the Blue Jays, Ventura got into it with Jays first base coach Tim Leiper. Nothing happened beyond that, but apparently it was part of the Jays’ plan to try to put Ventura “on tilt.”

Most recently, in June this past season, Ventura hit Orioles third baseman Manny Machado with a pitch. Machado charged the mound and got in at least one punch before the players spilled out onto the field in a blob of royal blue and orange. Ventura was suspended for eight games.

Ventura was by no means a model of civility, but he was a product of baseball’s intransigent culture forcing players to assimilate or be ostracized. The old culture taught players to never show emotion. Hit a home run? Put your head down and circle the bases in a timely fashion or risk taking a fastball to the ribs. Players like Fernandez and Bautista — typically players from Latin countries — challenged those old cultural norms and are, as a result, the vanguard of the new culture. Ventura displayed aspects of each, the worst of the old culture and the best of the new. He was not a one-dimensional person; he was strikingly complex. At one moment willing to use a fastball as a weapon, the next stopping by some kids’ lemonade stand and giving out fist bumps. Baseball is made more entertaining and more interesting by its personalities and Ventura’s was a behemoth, for better or worse. His absence from the sport will be felt.

MLB remembers Yordano Ventura and Andy Marte

BOSTON, MA - AUGUST 28:  Yordano Ventura #30 of the Kansas City Royals delivers in the first inning during a game against the Boston Red Sox on August 28, 2016 at Fenway Park in Boston, Massachusetts.  (Photo by Adam Glanzman/Getty Images)
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Following the tragic passing of 25-year-old Yordano Ventura and 33-year-old Andy Marte, both of whom were killed in separate car crashes on Sunday morning, players and executives from around Major League Baseball expressed an outpouring of grief and support for the players’ families and former teams.

Fans have gathered at Kauffman Stadium in memory of the former pitcher.