Yankees logo

Would the Yankees sue A-Rod for “damaging the Yankees brand?”

66 Comments

The idea of voiding player contracts in retaliation for PED suspensions is a non-starter at present, as the Collective Bargaining Agreement specifies that the Joint Drug Agreement constitutes the sole basis of punishment for PED use.  We talked a lot recently about why changing the CBA/JDA to include contract voiding is undesirable. In just the past week some players have gone on record saying that such a thing won’t happen unless some mechanism is built in to differentiate between active attempts to cheat vs. accidental ingestion of banned substances, but that changes the whole nature of the drug program and would lead to evidentiary trials for every positive test, and that seems like a stretch.

Yet it is a topic that simply won’t die. Buster Olney talks about it in today’s column, in which he reports how teams and their lawyers are trying to think of other ways to claw back money from players who use PEDs. After noting that the CBA prevents any such moves:

However, some lawyers believe there could other, more simple grounds — along the lines of the recent government suit filed against Lance Armstrong. Could a team file a lawsuit against a player — as they would any company or entity with which they worked — alleging that irreparable damage has been done to their business, to their brand, through the actions of the defendant?

Take Rodriguez, for example.

At the time the Yankees signed him to his 10-year, $275 million deal, after the 2007 season, they entered into the deal thinking that Rodriguez would continue as an important and marketable part of their franchise for years to come. This is also why they added $5 million incentive clauses that were attached to specific and historic statistical milestones — so he andthe franchise would share that wealth.

But after his admission of PED use in the spring of 2009, the practical usefulness of Rodriguez as a marketing piece was badly damaged — and now, with MLB close to concluding its investigation of Rodriguez, he is all but useless on that front.

It’d be pretty hilarious, after a century of hearing the Yankees talk about how their brand is sterling and their business is bigger than anything this side of God to suddenly claim that Alex Rodriguez did “irreparable damage to their business and brand.”

Plaintiff’s Attorney: “So it’s your testimony, Mr. Steinbrenner, that a century’s worth of domination and glory was cast asunder by the man sitting over there?”

Hal Steinbrenner: “Yes. Yes it is. No one knows who Babe Ruth, Joe Dimaggio, Lou Gehrig, Mickey Mantle and Derek Jeter are anymore. I tried to give a Yankees cap away to a small child yesterday and his father punched me in the ear.”

“Your witness.”

Seems unlikely but I suppose lawyers have made more outlandish claims.

Of course there’s something besides a lack of such chutzpah that would keep a team from doing that: opening the door to arguments in the future about just how valuable a given player is to the team’s brand.

In this hypothetical case wouldn’t A-Rod’s lawyers be obligated and motivated to argue how much good will the Yankees already received from him? The value of him in their marketing materials from the time he arrived until his name became Mudd? The value of his contributions to the 2009 World Series winning team? No, not in a baseball sense — that’s what A-Rod’s salary was for — but for all of the good will and marketing mojo that flowed out of that? Maybe the YES Network’s revenue would be part of that too? I mean, it would all have to be on the table if we’re talking about the extra-contractual damage the Yankees would be claiming, yes? It would have to be offset by the extra-contractual benefits, of which there have no doubt been many.

No team is going to want to wade into that. If, for no other reason, it would lay the groundwork for player suits in equity — think unjust enrichment theory — when a team realizes way, way more value from the player than that for which they paid. I wonder how many people feel better about the Nationals since Bryce Harper came up. Yasiel Puig totally changed the perception of the Dodgers in a month. There has to be some value in there, no?

Lawyers and their teams know this. But maybe they don’t care. Here’s the giveaway, from Olney’s article:

Could a team gain legal traction and win that argument? Could they get some money back? The longtime lawyer said he isn’t entirely sure. “But I’d file that suit if it involved a player with us,” he said, “because what do you have to lose?”

How utterly inspiring.

Video: Adrian Beltre and Carlos Beltran give signs from the dugout

OAKLAND, CA - SEPTEMBER 23:  Adrian Beltre #29 of the Texas Rangers stands in the dugout before their game against the Oakland Athletics at Oakland-Alameda County Coliseum on September 23, 2016 in Oakland, California.  (Photo by Ezra Shaw/Getty Images)
Getty Images
Leave a comment

The Rangers got a bit of a breather on Saturday after clinching the division lead during Friday night’s win. Naturally, it was also a prime opportunity for another of Adrian Beltre‘s well-documented antics, as he spent his off day directing the Rangers’ infield defense with a series of signs. Even with Carlos Beltran‘s help, no one, least of all those playing the infield, appeared to have any idea what Beltre’s gestures were intended to convey.

You can add this to the list of in-game oddities Beltre has become so well-known for over the years, running the gamut from the way he kicked a ball over the foul line to his histrionics every time someone comes close to touching his head. If nothing else, it’s a convincing audition reel for the third baseman’s future in major league coaching — a career path that, I’d imagine, would end up looking something like this:

Yordano Ventura exits game with back tightness

DETROIT, MI - SEPTEMBER 24: Yordano Ventura #30 of the Kansas City Royals pitches against the Detroit Tigers during the first inning at Comerica Park on September 24, 2016 in Detroit, Michigan. (Photo by Duane Burleson/Getty Images)
Getty Images
Leave a comment

Royals’ right-hander Yordano Ventura was pulled in the fifth inning of Saturday’s matinee against the Tigers with an apparent injury. After throwing four pitches to start the fifth and serving up a Justin Upton double, Ventura was visited on the mound by head trainer Nick Kenney. Per Rustin Dodd of the Kansas City Star, he’s day-to-day with back spasms and lower back tightness.

It’s just another bump in the road for the defending champions, who currently sit 6.5 games back of a postseason spot with seven left to play. Through 176 innings in 2016, Ventura posted a 4.35 ERA and 1.2 fWAR, a considerable downgrade from the 4.08 ERA and 2.7 fWAR he contributed during last season’s championship year despite a moderate bounce-back in the second half.

Prior to his early exit from Saturday’s game, Ventura went four innings for the Royals, giving up three runs on 10 hits and two walks and striking out six of 24 batters faced.