Major League Baseball filed the lawsuit against Biogenesis on Friday. My view is that it’s a ridiculous, meritless claim asserted solely for the purposes of obtaining documents, not vindicating any actual legal rights.
My view of that is that is based on a legal analysis of the claim, the lack of a damages case and my understanding of the nature of the Joint Drug Agreement which baseball says Biogenesis interfered with. But sometimes analogies work way better. I like this one from a Roger Abrams in this Reuters analysis of the suit:
Roger Abrams, a sports law professor at Northeastern University in Boston, used the example of player contracts that call for the player to hit specific weight targets in spring training.
“Does that mean you can sue McDonald’s for selling Big Macs to this guy?” he said.
Hey, at least a team could hope to recover something from McDonalds if they were successful.
In other news, when the Miami New Times story first came out a couple of months ago, Mike Lupica and a host of other sportswriters hastily wrote angry columns saying that, boy oh boy, if only Major League Baseball could get people under oath this thing would be blown wide open. Since Friday, however, I’ve been unable to find any columns or commentary from the usual suspects lauding Major League Baseball for its lawsuit.
What’s up guys? Wasn’t this what you wanted? Or were you just being angry then and hadn’t yet thought out the end game?
Newsday’s Marc Carig reports that Mets starter Steven Matz has been pitching through pain for most of the season. He may need surgery to fix a nerve issue in his elbow. Matz was sidelined in spring training with an elbow injury and made his regular season debut on June 10.
Matz, 26, has struggled over 13 starts, posting a 6.08 ERA with a 48/19 K/BB ratio in 66 2/3 innings. Many were scrambling for explanations for his pitching woes and now they have it.
According to Carig, the Mets let Matz skip his bullpen sessions to help him pitch through the pain. Given the Mets’ shoddy history of dealing with injuries, that’s not a good look for the club.
Carig noted on Twitter that Jacob deGrom offers some optimism for Matz’s case. deGrom underwent right elbow surgery to repair ulnar nerve damage last September and bounced back to have a great season this year.
Dodgers lefty Clayton Kershaw was scheduled to throw three innings in a simulated game on Monday. That simulated game went so well, he threw an extra inning, MLB.com’s Ken Gurnick reports. Kershaw will make a minor league rehab start next and could be activated towards the end of next week.
Kershaw, 29, has been on the disabled list since July 24 with a lower back strain. That put the pause button on another outstanding season. He’s carrying a 15-2 record with a 2.04 ERA and a 168/24 K/BB ratio in 141 1/3 innings.
The 87-35 Dodgers have run away with the NL West, needing some combination of 20 wins and 20 Rockies losses (19 for the third-place Diamondbacks) to officially clinch the division. While the Dodgers are all but mathematically assured of reaching postseason baseball, the club would still like to get Kershaw as ready as possible over the next month-plus.