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: Monday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Reds 10, Braves 4: The good news: the game went on despite the bad forecast I was worried about yesterday. The bad news: I still didn’t go because (a) I am still sick with the crap I had over the weekend; and (b) in light of that it didn’t seem like a great idea to take a 200-mile, drugged-up round trip with the possibility of sitting in rain delays and getting back home after midnight to see it. So, bad news: I missed my first big league game of the season. Good news: I took more NyQuil and went to bed at 9:30 and slept until after 6, so maybe I’m on the mend. Not that most of you care about that. What you do care about is that Atlanta jumped out to a 2-0 lead and then the wheels fell off with the Reds tying it up on a two-run Scott Schebler homer in the fifth and then scoring five in the sixth, with Jesse Winker‘s bases-loaded single putting them ahead for good. Schebler would later single in another run. Jim Riggleman gets his first win as Reds manager. The game was played in front of the smallest crowd at Great American Ball Park in nine years — 9,463 — so maybe everyone else was home taking NyQuil too.

Yankees 14, Twins 1: Miguel Andujar homered and doubled, Giancarlo Stanton went 4-for-4 with a homer and Didi Gregorius hit a grand slam. Gleyber Torres got his first big league hit. Paul Molitor brought in outfielder Ryan LaMarre to pitch in the eighth and Tyler Austin hit a two-run homer off of him on his four-RBI night. One of them nights, I guess. Andujar is 15-for-29 with eight doubles, a triple and three home runs in his last seven games. That’s hot, my friends.

Indians 2, Orioles 1: Kevin Gausman pitched well — allowing only two runs on four hits over eight innings, including one inning in which he struck out the side in nine pitches — but Carlos Carrasco pitched better, allowing one run on six hits in seven and a third. Yonder Alonso‘s two-run homer in the second was Gausman’s only mistake, but it was a big enough mistake to give the Indians the win.

Athletics 9. Rangers 4: Marcus Semien led off the ninth inning with the game tied at 3. His homer gave the A’s the lead and his teammates piled on five more runs, all with two outs, off of Ranger relievers Kevin Jepsen and Jesse Chavez. Oakland has won seven of eight games and is now 12-11. Not bad for the consensus last place team in the AL West.

White Sox 10, Mariners 4: The White Sox had been losing badly and losing big of late, so putting up seven runs in the first two innings had to make them feel better, at least for one day. They started the game with seven straight hits. Jose Abreu hit two homers and had four hits in all, and six other Pale Hose had an RBI each. Yoan Moncada went 3-for-5 and scored three times.

Angels 2, Astros 0Tyler Skaggs tossed seven shutout innings and Justin Anderson and Keynan Middleton each blanked Houston for a frame to complete the shutout. A Kole Calhoun RBI single and a Justin Upton RBI double was all the scoring the Halos needed. The loss snapped Houston’s six-game winning streak.

Padres 13, Rockies 5: San Diego jumped out to a 4-0 lead in the first but it was 4-4 after the bottom half of the inning. The Rockies scored once in the third but the Padres put up nine in the seventh, and that is usually too much to overcome, even in Coors Field. Carlos Asuaje homered and drove in four, Wil Myers had four hits and drove in two and Franchy Cordero, Cory Spangenberg and Matt Szczur each drove in a couple as well.

Dodgers 2, Marlins 1: Welcome to the big leagues, Walker Buehler. The Dodgers prospect made his big league debut and shut out the Marlins for five innings, striking out five while struggling a bit with his command. He didn’t get the win because Jaime Garcia was pretty stingy, allowing only one run over six, but Enrique Hernandez homered in the fourth and Cody Bellinger hit a sac fly in the eighth to give the Dodgers the win. The Dodgers remain hot, moving to 11-10 with their seventh win in eight games.

Giants 4, Nationals 2: The Giants beat the Nats thanks in part to a Mac Williamson two-run homer that flew 464 feet and another run he knocked in via a fielder’s choice. Buster Posey also singled in a run. All the Nats could muster on offense was a pair of sac flies. They were supposed to run away with the NL East but they’re in fourth place, 5.5 games out. It’s early, but no, that’s not what you want.