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?

And That Happened: Thursdays scores and highlights

Atlanta Braves relief pitcher Arodys Vizcaino, right, is congratulated by catcher Tyler Flowers after earning a save during a baseball game against the Boston Red Sox at Fenway Park in Boston, Thursday, April 28, 2016. The Braves defeated the Red Sox 5-3. (AP Photo/Charles Krupa)
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Gonna mail this one in this morning. Partially because of the light slate of games yesterday, partially because of a late night for me but mostly because of the Dee Gordon news which has me thinking of a lot of other things I want to write about this AM.

It’s worth noting that the Braves won a game. It comes just ahead of a series at Wrigley against the Cubs, so the winning streak will likely last a single day, but the 2016 Braves have to take what they can get.

The Marlins had a notable night outside the Gordon news too, finishing off a sweep of the Dodgers, which had to make Don Mattingly happy. For what it’s worth, Gordon singled in a run and then came around to score in the seventh. His RBI tied it and the run he scored ended up being the one necessary for the Marlins’ margin of victory. That means nothing, but you know some jackwagons are gonna make a big deal out of that and I figured I’d get ahead of the jackwagons and note that, yes, Gordon and the Dodgers knew what was coming before it was announced because that’s how the appeals process works, but no, it makes no difference, because that’s how the appeals process works.

Anyway: Here are the rest of the scores:

Tigers 7, Athletics 3
Cubs 7, Brewers 2
Phillies 3, Nationals 0
Orioles 10, White Sox 2
Braves 5, Red Sox 3
Diamondbacks 3, Cardinals 0
Marlins 5, Dodgers 3
Pirates vs. Rockies — POSTPONED
: In the early morning rain with a dollar in my hand. And an aching in my heart, and my pockets full of sand. I’m a long way from home, and I miss my loved one so. In the early morning rain with no place to go.

Marlins 2B Dee Gordon suspended 80 games for PEDs

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LOS ANGELES — Dee Gordon has been suspended 80 games by Major League Baseball after the Miami Marlins second baseman tested positive for a performance-enhancing drug.

Gordon tested positive for exogenous Testosterone and Clostebol, MLB said in a release after the Marlins’ 5-3 victory over the Los Angeles Dodgers on Thursday night.

The fleet-footed Gordon won the National League batting title by hitting .333 last season and signed a $50 million, 5-year deal with Miami in January. He’s made two All-Star teams in his six seasons and won the Gold Glove and Silver Slugger awards at second base last year.

Gordon, the son of former major league pitcher Tom Gordon, had a key hit in Miami’s win over the Dodgers on Thursday. He’s batting .266 with six stolen bases this season.

Dee Gordon is a very important part of our team, and we all love him and support him,” Marlins president David Samson said. “That said, I don’t like or condone what he did. He is an important member of this organization and will be for many years to come. It’s a huge, huge disappointment to the kids, to our fans, to his teammates and to everyone in our organization every single day.

“He will be back 80 games from now, and he will be welcomed back to this organization. But in the interim period, we expect him, and we are positive that he will do everything that’s necessary to make it up to his fans, to his teammates and to this organization.”

Devon Travis will start taking at-bats in extended spring training

Toronto Blue Jays second baseman Devon Travis hits a RBI double to center field against the Tampa Bay Rays during third inning of a baseball game, Wednesday, April 15, 2015 in Toronto. (Nathan Denette/The Canadian Press via AP)  MANDATORY CREDIT
Nathan Denette/The Canadian Press via AP
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Blue Jays second baseman Devon Travis underwent left shoulder surgery last September. MLB.com’s Gregor Chisholm caught up with Jays head athletic trainer George Poulis for updates on several injured players, including Travis. Here’s what Poulis had to say about Travis:

“He’s going to get some live at-bats with the extended team down in Florida on Friday. Big step for him, he’s very excited, he’s doing great, and we’re very optimistic, but no timeline right now on his return. We’re just going day by day, step by step.

“When you have something like that, it continues to heal even when you’re playing. We’re just trying to acclimate him and condition him to withstand all of the stress that he’s going to put on his shoulder … He won’t play in the field right now. We’ll mix that in, as well, but right now he’s just going to get some at-bats.”

The key phrase, of course, is “no timetable”. The second baseman’s rehab has gone slower than expected. Getting into some extended spring training games, though, signals progress.

Travis, 25, broke out last season, hitting .304/.361/.498 with eight home runs and 35 RBI in 239 plate appearances last season. The Jays have had Ryan Goins and Darwin Barney handle second base duties this year, but their aggregate .560 OPS is the worst mark in the American League.

Report: Alex Rios has received offers, but is seeking a significant role

Kansas City Royals right fielder Alex Rios watches during batting practice before Game 6 of baseball's American League Championship Series against the Toronto Blue Jays on Friday, Oct. 23, 2015, in Kansas City, Mo. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
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We’re almost into May and outfielder Alex Rios remains teamless. MLB Network’s Jon Heyman reports that Rios has received offers, but he hasn’t accepted any yet because he’s seeking a job with a “significant role”. Ostensibly, that means a starting role or possibly a platoon role.

Rios, 35, was on last year’s championship-winning Royals team, but he hit a meager .255/.287/.353 with four home runs and 32 RBI in 411 plate appearances. It’s understandable if teams aren’t willing to gamble on him rediscovering his once-potent bat now that he’s in his mid-30’s.

Rios earned $11 million last year on a one-year deal with the Royals. Now, he may have to settle for a minor league contract. If Rios doesn’t receive a palatable offer, Heyman suggests he may retire.