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


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?

What Barry Bonds being the Marlins hitting coach means. And what it doesn’t mean.

FILE - In this March 10, 2014, file photo, former San Francisco Giants Barry Bonds chats to the dugout during a spring training baseball game in Scottsdale, Ariz. Bonds' obstruction of justice conviction reversed by 9th US Circuit Court of Appeals on Wednesday, April 22, 2015.  (AP Photo/Chris Carlson, File)

The news that Barry Bonds plans, tentatively at least, to accept the Marlins offer to be their hitting coach has the hot stove sizzling. Which is totally understandable. Barry Bonds is a big famous — infamous, even — name and he’s been out of baseball for a long time. That he seems to be getting back in the game, then, is understandably interesting. That he seems to be heading to the Marlins — not exactly an expected destination — is likewise interesting.

But how interesting is it? And does it really matter, both for Bonds and for the Marlins? And if so, how much? Let’s do a quick Q&A about it, shall we?


Q: Bonds is one of the greatest hitters of all time. That should make him an amazing hitting coach, right? 

A: Not necessarily. The guy thought to be one of the best hitting coaches in history — Charlie Lau — had an OPS+ of 89 for his career across 11 almost totally bench-riding seasons in the bigs. Many of the other top hitting coaches in baseball history were likewise scrubeenies of one flavor or another. Same goes for pitching coaches, by the way, while many of the ex-superstars that got into the coaching biz didn’t last long and didn’t have a lot of success. Indeed, there appears to be no correlation at all and at least some anecdotal disconnection between playing prowess and coaching prowess, possibly because that which comes naturally to a superstar is hard to communicate to someone not as gifted. Ted Williams, Joe DiMaggio and Bob Gibson coached. None of them changed the coaching game by their presence.

All of that said, Barry Bonds’ greatness came not just from his physical gifts —  naturally or artificially bestowed — but from his approach to at bats. His preparation, his strategy and his plate patience. Some of those things can likely be communicated fairly straightforwardly, even if they cannot simply be picked up by any Justin, Adeiny or Christian who comes along.


Q: Let’s assume Bonds would be a good hitting coach, though. How much of an impact could he possibly have?

A: That’s the big question, really. And you won’t find a lot of agreement on it. Many people say that hitting coaches are only as good as the lineup they coach and that, especially in this day and age, a player’s own preparation — which he may take far more seriously than the atta-boys from a coach his father’s age — matters much more than anything else.

There have been some attempts to quantify a good hitting coach’s impact, however. One such study was conducted by Baseball Prospectus’ Russell Carelton a couple of years ago. Carelton found that hitting coaches can really only have a noticeable impact on whether or not hitters take a more aggressive or a more passive approach at the plate and cannot, by themselves, teach pitch selectivity. He further found that hitting coaches seem to be divided into two groups: those who teach hitters to put the ball into play and those who encourage a walk/strikeout/home run approach to things.

As far as results go, Carleton found some pretty significant impacts in small sample sizes and for hitting coaches, like Clint Hurdle, who coached in volatile run-scoring environments such as Colorado and Texas. He concluded, however, that even if we’re being super conservative, a good hitting coach could account for 20-30 runs in a year, which is a couple of wins, and that a couple of wins is a pretty big impact for a low-paid coach.

Of course, the Marlins had the second worst offense in the National League last year. They need more than just 20-30 runs.


Q: Getting away from the numbers, this is a big deal, right? For the Marlins? For Bonds? 

A: Though I’m on record being a pretty big Bonds fanboy, I think we should temper our expectations on all of this. Mark McGwire made something of a P.R. splash when he entered the coaching ranks with the Cardinals. He was the first bigtime PED guy to return to the game and he was under the microscope for a bit. But then, of course, he just faded into the same woodwork into which all of the other hitting coaches fade. We didn’t think too much of him until he changed jobs a few years later then when he changed jobs again just recently. Being back in the game certainly didn’t help his Hall of Fame case either. He’s been sliding off the ballot pretty steadily for years, actually. The most that can be said is that, when McGwire’s name comes up in news reports, the first reference to him isn’t “The controversial, steroid-associated slugger, Mark McGwire.” That usually waits until the second paragraph. If Bonds has that happen to him it’ll be a moral victory for him. But given that he’s more infamous than McGwire was, don’t count on that happening.

Ultimately I think that Bonds will, after the initial wave of stories and the initial pictures of him in Marlins garb next spring come out, fade into that woodwork like any other coach. After all no one comes to the ballpark to see a hitting coach. Not even one as famous as Barry Bonds.


Q: Quit being negative. Isn’t it something of a big deal? Even a little bit? 

A: OK, I’ll give you this much: between McGwire, the reinstatement of A-Rod and his well-received and successful 2015 season and now Bonds being hired, it’s fair to say that baseball has had no problem with the rehabilitation and mainstreaming of the PED crowd from the 1990s and 2000s. They’re not pariahs in the game and their association with it is not considered controversial by the people who play it and run it. The only people living in the past in this regard, it seems, is the media. Perhaps another so-called villain being welcomed back into the game’s ranks will help bring them around too.


Q: Why is Bonds, after years of exile from baseball and a seemingly idyllic life in California, willing to go work for Jeff Loria anyway?

A: We won’t know until he says so, though I’m sure many people will try to speak for him on that count. To the extent they do, they’ll likely talk about his “legacy” and the fact that his legal troubles were finally and definitively put behind him in 2015. All of that is just speculation, of course. The most we know is that Bonds was (a) willing to coach the Giants in spring training; and (b) spoke at various points in his career about how he’d like to maybe one day be a coach of some kind. This is a job that seems to be open and it’s in a city — Miami — that ain’t a hard place to live, even if the organization for which he’ll work is dysfunctional.

Maybe a young man’s dreams don’t really ever go away. Maybe baseball is fun and guys who spent almost their entire life in baseball miss it when it’s gone. And maybe Barry just wants back in.

Astros “shopping” slugger Chris Carter

Chris Carter

With tomorrow’s deadline to tender 2016 contracts to arbitration eligible players looming, Jerry Crasnick of reports that the Astros are “shopping” first baseman Chris Carter.

Few players in baseball have more power than Carter, who hit 24 homers in 129 games this year and has averaged 30 homers per 150 games for his career, but he’s also a career .217 hitter with little defensive value who should probably be a designated hitter.

Houston has no shortage of power options, many of whom have somewhat similar skill sets to Carter, so shopping him around makes sense. He seems unlikely to generate a big return, however. Carter could command a salary of more than $6 million via arbitration.

UPDATE: Barry Bonds tentatively plans to accept the Marlins hitting coach job

Barry Bonds

UPDATE: Bob Nightengale reports that while negotiations are not yet finalized, Barry Bonds “tentatively plans to accept the Marlins’ offer to be hitting coach with Frank Menechino.” Which is a good reminder that Menechino is still the Marlins’ hitting coach. Who would be the assistant and who would be the coach — or if they’d be co-coaches — is unclear.

12:00PM: The matter of Barry Bonds as the Marlins hitting coach has gone from “consideration” to “offer,” reports Bob Nightengale. The Marlins now await Barry Bonds’ response.

The biggest mystery in all of this is whether Bonds is actually interested. No one has reported that he was willing or even that there have been serious conversations between the Marlins and Bonds. That could be because Bonds, as has always been his practice, doesn’t talk too much to the media. Indeed, we learn more about him from his social media presence than anything reported about him. So it’s possible that Bonds and Jeff Loria have been in contact about all of this and he’s strongly considering it as well.

It’s also possible that this is all nothing and the Marlins are just trying to make a long shot happen.

MONDAY, 5:01 PM: This shouldn’t cause any controversy, lead to a lot of people saying dumb things or provide fodder for jokes at all. Nope, none whatsoever:

In what promises to be a bombshell move, if executed, all-time great slugger Barry Bonds is under consideration to become Marlins hitting coach.

Team higherups have quietly been discussing this possibility for weeks.

That’s Jon Heyman, who reminds us that Bonds has worked with the Giants in the spring in recent years. And who, no matter what else you can say about him, was one of the greatest hitters the game has ever seen. Also worth remembering that despite his controversial past, that greatness came not just from physical gifts, naturally or artificially bestowed. It came from his approach, preparation and strategy at the plate. No one can teach a hitter to hit like Barry Bonds, but you’d think that hitters could be taught to try to approach an at bat the way Barry Bonds would. And who better to do it than Barry Bonds?

That is, if Bonds is willing to drop his seemingly ideal retired life in San Francisco, move to Miami and work for Jeff Loria for nine months a year. Which, eh, who knows? But the possibility of it is pretty fascinating to think about.

Royals avoid arbitration with Tim Collins for $1.475 million

Tim Collins Getty
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Left-hander Tim Collins, who missed the entire 2015 season following Tommy John elbow surgery, will remain with the Royals after avoiding arbitration for a one-year, $1.475 million contract.

Collins was a non-tender candidate due to his injury and projected salary via arbitration, but the Royals are convinced he can bounce back to be a valuable part of the bullpen again in 2016 and beyond. He agreed to the same salary he made in 2015.

Prior to blowing out his elbow Collins posted a 3.54 ERA with 220 strikeouts in 211 innings from 2011-2014 and he’s still just 26 years old. He figures to begin 2016 in a middle relief role.