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?

Who wants Ian Desmond? Probably not the “long shot” Rays

Ian+Desmond+Baltimore+Orioles+v+Washington+DNMQvTzHgF2l
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Two weeks ago there were multiple reports linking the Rays to unsigned free agent shortstop Ian Desmond, but now Jerry Crasnick of ESPN.com reports that Tampa Bay signing Desmond “is a long shot” because, like most other teams, they don’t want to forfeit a draft pick to do so.

Desmond significantly dropping his asking price could always change things, but the Nationals are said to be out of the mix to re-sign him after adding plenty of veteran infield depth. And the Padres, who were believed to have some interest last month, instead signed Alexei Ramirez to start at shortstop.

Desmond rejected a one-year, $15.8 million qualifying offer from the Nationals at the beginning of the offseason and previously turned down a $100 million contract extension offer to stay in Washington long term.

Ruben Amaro is workin’ out and gettin’ ready to coach first base

Ruben Amaro Jr.
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One of the weirder stories of the offseason was Ruben Amaro going from the Phillies front office to the Red Sox, where he’ll coach first base. That kind of transition is almost unheard of but it’s happening with old Rube.

Today Pete Abraham of the Globe has a story about how Amaro is preparing for the role. And how, while it may look weird on paper, the move actually makes a lot more sense than you might suspect given the Red Sox’ coaching staff and Amaro’s own background. It’s good stuff. Go check it out.

On a personal note, it serves as a signal to me to keep my eyes peeled for reports about Amaro from Fort Myers once camp gets started:

Amaro has been working out in recent weeks with his nephew Andrew, a Phillies prospect, to get ready for throwing batting practice and hitting fungoes.

Could we be so lucky as to get the first-ever Best Shape of His Life report for a coach? God, I hope so!

It’s pretty stupid that athletes can’t endorse beer

San Francisco Giants starting pitcher Madison Bumgarner celebrates after pitching the Giants to a 8-0 win over the Pittsburgh Pirates in the National League wild card game in Pittsburgh Wednesday, Oct. 1, 2014. (AP Photo/Gene J. Puskar) ORG XMIT: PAGP102
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One of the more amusing things to spin out of the Super Bowl were Peyton Manning’s little Budweiser endorsements in his postgame interviews. It was hilarious, really, to see him shoehorn in references to going and cracking a crisp cool Budweiser multiple times. It was more hilarious when a Budweiser representative tweeted that Manning was not paid to do that. Of course, Manning owns an interest in alcohol distributorships so talking about The King of Beers was in his best financial interest all the same.

After that happened people asked whether or not Manning would face discipline about this from the NFL, as players are not allowed to endorse alcoholic beverages. This seemed crazy to me. I had no idea that they were actually banned from doing so. Then I realized that, huh, I can’t for the life of me remember seeing beer commercials with active athletes, so I guess maybe it’s not so crazy. Ken Rosenthal later tweeted that Major League Baseball has a similar ban in place. No alcohol endorsements for ballplayers.

Why?

I mean, I can fully anticipate why the leagues would say athletes can’t do it. Think of the children! Role models! Messages about fitness! All that jazz. I suspect a more significant reason is that the leagues and their partners — mostly Anheuser-Busch/InBev — would prefer not to allow high-profile athletes to shill for a competitor. How bad would it look for Alex Rodriguez to do spots for Arrogant Bastard Ale when there are Budweiser signs hanging in 81% of the league’s ballparks? Actually, such ads would look WONDERFUL, but you know what I mean here.

That aside, it does strike me as crazy hypocritical that the leagues can rake in as much as they do from these companies while prohibiting players from getting in on the action. If it is kids they’re worried about, how can they deny that they endorse beer to children every bit as effectively and possibly more so than any one athlete can by virtue of putting it alongside the brands that are the NFL and MLB? Personally I don’t put much stock in a think-of-the-children argument when it comes to beer — it’s everywhere already and everyone does a good job of pushing the “drink responsibly” message — but if those are the leagues’ terms, they probably need to ask themselves how much of a distinction any one athlete and the entire league endorsing this stuff really is.

That aside, sports and beer — often sponsored by active players — have a long, long history together:

Musial

And the picture at the top of this post certainly shows us that Major League Baseball has no issues whatsoever in having its players endorse Budweiser in a practical sense.

Why can’t they get paid for doing it?

The Orioles signed Rafael Palmeiro’s son

Rafael Palmeiro
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Last summer we posted about Rafael Palmeiro coming out of retirement to play for the independent league Sugar Land Skeeters. The reason: to play a game with his boy Patrick. In that game the elder Palmeiro went 2-for-4 with an RBI, a walk, and a run scored. His son, who is now 26, went 2-for-4 with a grand slam.

Did that serve as an audition for Patrick? Possibly, as Jon Meloi of the Baltimore Sun reports that the Orioles just signed him to a minor league deal.

As Meloi notes, it’s certainly just an organizational depth move, as Patrick is no prospect. And it’s actually likely something of a coincidence that it’s the Orioles who signed him, as Palmeiro doesn’t have any real contacts with the Orioles baseball operations people, all of whom are different folks now than back in his day.

This may not be the last of the Palmeiros, by the way. Peter Gammons tweeted this morning that Patrick’s younger brother, Preston, is a first baseman at North Carolina State who could be drafted this june. Gammons says he has a swing “remarkably similar to dad.”