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?

Yasiel Puig caught a big fish

Los Angeles Dodgers' Yasiel Puig looks to the dugout for signs as he steps out of the batter's box while facing Colorado Rockies starting pitcher Jordan Lyles in the first inning of a baseball game, Sunday, April 24, 2016, in Denver. Puig drew a walk, the first of three in a row yielded by Lyles. (AP Photo/David Zalubowski)
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I know I’m in the tank for Puig and have been for years now, but it’s a pretty fun tank so I don’t care.

Lately I’ve been taken with his hashtag game. Last week we encountered #PuigYourFriend. This one is not as good, but #PuigHungry is pretty solid too.

I just hope this isn’t ruined by word that he’s hired some social media professional to curate his feed. It’s possible and maybe likely, but I just don’t want to hear about it if it’s the case:

 

And That Happened: Wednesday’s scores and highlights

Cleveland Indians starting pitcher Corey Kluber delivers against the Detroit Tigers during the first inning of a baseball game, Wednesday, May 4, 2016, in Cleveland. (AP Photo/Ron Schwane)
Associated Press
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Here are the scores. Here are the highlights:

Indians 4, Tigers 0: Corey Kluber with a five-hit shutout in a game which ended in a tidy two hours and nineteen minutes and featured only three pitchers in all. It’s like it was the 1970s or something.

Red Sox 5, White Sox 2: Sox win!

OK, I can’t just leave it at that for the second day in a row. David Ortiz hit a two-run shot for what ended up being the winning runs. It was Ortiz’s 509th career homer, which ties him with Gary Sheffield for 25th on the all-time home run list. Ortiz is on a 36-home run pace. In the past two seasons he’s hit 37 and 35, so it’s not unreasonable to think he’ll get there. If he does pull that off, he’ll pass Sheffield, Mel Ott, Eddie Matthews, Ernie Banks, Ted Williams, Frank Thomas, Willie McCovey, Jimmy Foxx and Mickey Freakin’ Mantle to end up at 17 on the all-time list. That’s some pretty rarified air. And Gary Sheffield.

Reds 7, Giants 4: Zack CozartBrandon Phillips and Eugenio Suarez each hit homers in the second inning as the Reds put up five on Jake Peavy in the frame and went on to avoid the sweep. The Giants’ top three starters have ERAs of 3.61., 3.32, and 3.03. Their fourth and fifth starters have ERAs of 7.00 (Matt Cain) and 8.61 (Peavy). The Giants are in first place. If they’d gotten anything from the back end of their rotation so far they’d be in first by more than a mere half game.

Cubs 6, Pirates 2Ben Zobrist hit a three-run home run and Anthony Rizzo hit a solo shot. The Cubs sweep the Pirates to win their seventh of eight games. They have a six-game division lead already. Juggernaut, much?

Cardinals 5, Phillies 4: The Cardinals scored twice in the bottom of the ninth, capped off with Matt Holliday‘s walkoff single. After the game Holliday said “we needed it . . . this was one we needed to win.” That seems weird to say in early May, but given that the Cardinals had lost five of six and the Cubs are threatening to run away with the division, it’s not a crazy thought.

Mets 8, Braves 0: Steven Matz pitched two-hit shutout ball into the eighth and Lucas Duda homered twice. New York has won 10 of 12. I’m still of the view that the Braves fire Fredi Gonzalez today. I just feel like that’s a thing that’s gonna happen.

Angels 7, Brewers 3: Mike Trout tripled and homered. Remember when, in the first week or two of the season, people were asking if Trout was OK? He’s now hitting .317/.400/.596 and a 41 home run, 127-RBI pace, so yeah, he’s OK.

Nationals 13, Royals 2: The Nats scored six runs before Stephen Strasburg had to throw a single pitch. They had 10 runs by the time they stopped batting in the third. Most of the afternoon, then, was mere formality. Kris Medlen was both shelled and betrayed by his defense, giving up nine runs, six of which were earned. In two home starts he’s allowed sixteen runs, thirteen earned.

Mariners 9, Athletics 8: Seattle led by two, then trailed by four then came back with five runs between the sixth and seventh innings to take this one going away and to complete the sweep. Dae-Ho Lee hit two bombs for Seattle.

Rockies 2, Padres 0: Eight shutout innings from Tyler Chatwood. The game’s two runs scored of a fielder’s choice and a sacrifice. Feel the excitement.

Yankees 7, Orioles 0: CC Sabathia looked like the CC of old, as he pitched seven shutout innings. The Yankees’ bats finally came alive. Brian McCann drove in three so I guess he came alive too. Total resurrection game for the Bombers. If THE BOSS was still alive . . .

Blue Jays 4, Rangers 3: Russell Martin with a walkoff single, giving the Jays two walkoffs in a row against Texas. Pitcher wins and losses don’t mean much but as a whole the Rangers bullpen has nine losses on the year and that’s not really great or OK.

Marlins 4, Diamondbacks 3: Giancarlo Stanton homered but he’s more than just a power hitter. Check out the hose:

Tomas was called safe, but replay showed that Stanton got ’em.

Rays 8, Dodgers 5: Steve Pearce hit a go-ahead, three-run homer and Brandon Guyer, Steven Souza Jr. and Curt Casali each hit solo shots. The Dodgers were 1-for-13 with runners in scoring position.

 

Astros 16, Twins 4: Jason Castro homered and drove in four runs. Jose Altuve and Carlos Correa both homered and drove in three. It’s the first time all year Houston has won consecutive games. Dang.

Brett Cecil doesn’t appreciate being booed by Blue Jays fans

Toronto Blue Jays manager John Gibbons pulls relief pitcher Brett Cecil during seventh inning baseball action against the Chicago White Sox in Toronto on Monday, April 25, 2016. (Frank Gunn/The Canadian Press via AP) MANDATORY CREDIT
Frank Gunn/The Canadian Press via AP
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Blue Jays reliever Brett Cecil has had a rough start to the 2016 season. The lefty leads the majors in losses with five. With that, he carries an ugly 5.59 ERA in 9 2/3 innings. Cecil entered the season with a rather lengthy consecutive scoreless innings streak, but Jays fans seem to have short memories as the home crowd has directed boos at Cecil.

TSN’s Scott MacArthur caught up with Cecil about the booing.

Struggling early isn’t anything new to Cecil. He rode a 5.96 ERA through June 21 last year, the final time in 2015 he would yield earned runs. From his next appearance on June 24 through the end of the regular season, he posted a 44/4 K/BB ratio over 31 2/3 innings. It would behoove Jays fans to show some more patience with the lefty as Cecil could easily turn things around as he did last season.

Video: A fan tried to take a selfie with Brandon Drury after a catch in foul territory

Arizona Diamondbacks' Brandon Drury swings for a two run double off San Francisco Giants' Curtis Partch in the third inning of a spring training exhibition baseball game Tuesday, March 17, 2015, in Scottsdale, Ariz. (AP Photo/Ben Margot)
AP Photo/Ben Margot
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Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.

A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.

“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.