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?

Cubs expected to host an All-Star Game in the near future

A general view of Wrigley Field and the newly renovated bleachers during the second inning of a baseball game between the the Chicago Cubs and Cincinnati Reds Thursday, June 11, 2015,  in Chicago. Chicago won 6-3. (AP Photo/Paul Beaty)
AP Photo/Paul Beaty
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The 2016-18 All-Star Games are spoken for, but the Cubs could play host not long thereafter according to commissioner Rob Manfred, Bruce Levine of CBS Chicago reports.

The Padres are hosting at Petco Park this year, the Marlins will host at Marlins Park next season, and the Nationals will host in 2018 at Nationals Park. That will make four consecutive National League hosts and five if the Cubs get it in 2019. In the past, the National and American Leagues have alternated hosting privileges. That is sort of important now since the league that wins the All-Star Game gets home field advantage in the World Series.

The Cubs last hosted the All-Star Game in 1990 and have hosted a total of three times (1962 and 1947 being the other years) since its inception in 1933.

Wrigley Field has been undergoing renovations which are expected to be completed by the 2019 season. Manfred said that the Cubs hosting the All-Star Game “will provide the Cubs and Ricketts family a chance to showcase the unbelievable renovation they are in the midst of doing for Wrigley field.”

Update: Here’s a table showing the last time each team hosted the All-Star Game.

Team Park Last Hosted Yrs Since Notes
Dodgers Dodger Stadum 1980 35
Nationals Olympic Stadium (Expos) 1982 33 2018 host
Athletics Oakland-Alameda County Coliseum 1987 28
Cubs Wrigley Field 1990 25
Blue Jays SkyDome 1991 24
Padres Jack Murphy Stadium 1992 23 2016 host
Orioles Oriole Park at Camden Yards 1993 22
Rangers The Ballpark in Arlington 1995 20
Phillies Veterans Stadium 1996 19
Indians Jacobs Field 1997 18
Rockies Coors Field 1998 17
Red Sox Fenway Park 1999 16
Braves Turner Field 2000 15
Mariners Safeco Field 2001 14
Brewers Miller Park 2002 13
White Sox U.S. Cellular Field 2003 12
Astros Minute Maid Park 2004 11
Tigers Comerica Park 2005 10
Pirates PNC Park 2006 9
Giants AT&T Park 2007 8
Yankees Yankee Stadium 2008 7
Cardinals Busch Stadium 2009 6
Angels Angels Stadium of Anaheim 2010 5
D’Backs Chase Field 2011 4
Royals Kauffman Stadium 2012 3
Mets Citi Field 2013 2
Twins Target Field 2014 1
Reds Great American Ball Park 2015 0
Marlins Never Hosted 2017 host
Rays Never Hosted

Kyle Hendricks and Adam Warren will compete for No. 5 spot in Cubs’ rotation

Chicago Cubs pitcher Kyle Hendricks throws during the first inning of Game 3 of the National League baseball championship series against the New York Mets Tuesday, Oct. 20, 2015, in Chicago. (AP Photo/David J. Phillip)
AP Photo/David J. Phillip
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Expect Kyle Hendricks and Adam Warren to battle it out for the fifth spot in the Cubs’ starting rotation this spring, writes Gordon Wittenmyer for the Chicago Sun-Times. Clayton Richard could serve as a fallback option as well.

Hendricks, 26, pitched well in his first full season in 2015. He finished with a 3.95 ERA and a 167/43 K/BB ratio over 180 innings. That was a solid follow-up to his rookie campaign in 2014, when he posted a 2.46 ERA over 13 starts.

The Cubs acquired Warren, 28, from the Yankees in the Starlin Castro trade. He contributed both out of the rotation and the bullpen in the Bronx this past season, pitching 131 1/3 innings with a 3.29 ERA and a 104/39 K/BB ratio.

One through four, the Cubs’ rotation is solid with defending National League Cy Young Award winner Jake Arrieta, Jon Lester, John Lackey, and Jason Hammel.

Mets GM Sandy Alderson plans to limit David Wright to 130 or fewer games

David Wright
AP Photo/Kathy Willens
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Mets third baseman David Wright missed four months of the 2015 season due to spinal stenosis. In other words, Wright dealt with a narrowing of his spinal column. Going forward, the Mets plan to be cautious with Wright so as not to overuse him.

As ESPN’s Adam Rubin reports, Mets GM Sandy Alderson plans to have the 33-year-old Wright play in no more than 130 games. Alderson said, “We’re gonna make sure that he’s not overworked. So it’s important for us to find somebody who can play 30 games or so at third base when he’s not in there. But I think we have to be realistic, and not expect that he’s gonna be an absolute everyday [player] out there playing 150 or 155 games. That’s not gonna happen.”

Wilmer Flores played 26 games at third base in his rookie season in 2013, so he could back up Wright as needed. But Alderson mentioned that because Wright would mostly sit against right-handed pitchers, the switch-hitting Neil Walker or Asdrubal Cabrera could get the call at the hot corner.

When he was on the field last season, Wright hit a productive .289/.379/.434 with five home runs and 17 RBI in 174 plate appearances.

Marlins still searching for starting pitching depth

Aaron Harang
AP Photo/Matt Slocum
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The Marlins would like to add “another pitcher or two” before pitchers and catchers report to Roger Dean Stadium in Jupiter, Florida, MLB.com’s Joe Frisaro writes. Among starting pitchers available, Kyle Lohse, Aaron Harang, and Alfredo Simon are candidates for the Marlins, but they may hold out for the possibility of inking a major league contract. Tim Lincecum and Cliff Lee are other potential candidates, per Frisaro.

This offseason, the Marlins signed Wei-Yin Chen to a five-year, $80 million deal and Edwin Jackson for the major league minimum. The back of the rotation, though, is still a question mark as Jarred Cosart, Adam Conley, and Justin Nicolino will compete with Jackson for two spots. David Phelps is dealing with an elbow injury and may or not be ready by Opening Day, but he could function in a swingman capacity as well.