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?

Alex Dickerson to miss 2017 season after undergoing back surgery

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Padres’ outfielder Alex Dickerson won’t see PETCO Park anytime soon — at least, not as its starting left fielder. The 27-year-old was diagnosed with a bulging disc in his lower back prior to the start of the 2017 season, and hasn’t made any kind of substantial progress in the months since. According to Dennis Lin of the San Diego Union-Tribune, he suffered a setback in his recovery process last week and is set to undergo a season-ending discectomy next Wednesday.

Over 285 plate appearances, Dickerson batted .257/.333/.455 with 10 home runs and a .788 OPS for the Padres in 2016. He missed several days with a right hip contusion last July, but hasn’t experienced any substantial health problems since undergoing surgery in 2014 to repair a torn ligament in his left ankle.

The expected recovery period for lower back surgery is 3-4 months, according to Lin, which puts Dickerson’s estimated return just a few days before the end of the regular season. The Padres aren’t scraping the bottom of the NL West, but their 29-44 record doesn’t bode well for a postseason run this year. Assuming Dickerson rehabs his back in a timely manner, he should be in fine form to enter the competition for left field next spring.

Video: Hanley Ramirez’s No. 250 career home run barely left the field

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Hanley Ramirez played a pivotal role during the Red Sox’ 9-4 win over the Angels on Friday night, crushing a two-run homer off of Alex Meyer to bring the Sox up to a four-run lead in the fourth inning.

Well, crushed might be the wrong word. The ball cleared the right field fence with a mere 350 feet, landing just beyond Pesky’s Pole to bring Ramirez’s career home run total to an even 250.

According to the ESPN Home Run Tracker, Ramirez’s milestone blast wasn’t the shortest home run of the year — not by a long shot. That distinction currently belongs to Rays’ outfielder Corey Dickerson, who skimmed the left field fence at Rogers Centre with a 326-foot homer back in April.