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


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.

Diamondbacks hire Dave Magadan as hitting coach

Dave Magadan Rangers
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Steve Gilbert of MLB.com reports that the Diamondbacks’ new hitting coach is Dave Magadan, who “parted ways” with the Rangers last month after three years filling the same role in Texas.

Magadan also previously was the Red Sox’s hitting coach and his teams have generally done pretty well, including the Rangers scoring the third-most runs in the league this year.

He’ll have plenty of talent to work with in Arizona, as the Diamondbacks scored the second-most runs in the league led by Paul Goldschmidt, A.J. Pollock, and David Peralta. Turner Ward, who had been Arizona’s hitting coach, chose to leave the team two weeks ago.

A’s reacquire Jed Lowrie in trade with Astros

Jed Lowrie

Jed Lowrie, who was traded from the Astros to the A’s in 2013 and then re-signed with the Astros as a free agent last offseason, has now been traded back to the A’s.

Lowrie got a three-year, $23 million deal from the Astros with the idea that he’d play shortstop in the first season and then move to another position whenever stud prospect Carlos Correa arrived. Instead he got hurt right away, Correa became an immediate star, and the Astros weren’t so keen on paying him $15 million over the next two seasons.

He could resume playing shortstop for the A’s, who watched rookie Marcus Semien make an absurd number of errors there this year. Lowrie hit .271 with a .738 OPS in two seasons in Oakland, which is similar to his career totals and makes him a solidly above-average offensive shortstop. There’s a decent chance the A’s will have a Lowrie-Lawrie double-play duo in 2016.

In return the Astros get minor leaguer Brendan McCurry, a 24-year-old right-hander who split 2015 between high Single-A and Double-A with a 1.86 ERA and 82/17 K/BB ratio in 63 relief innings. He was a 22nd-round draft pick in 2014 and doesn’t have exceptional raw stuff, but McCurry’s numbers are incredible so far.

White Sox sign catcher Alex Avila to a one-year deal

Detroit Tigers' Alex Avila, right, is congratulated by third base coach Dave Clark after his solo home run in the third inning in the second game of a baseball doubleheader against the Chicago White Sox, Monday, Sept. 21, 2015, in Detroit. (AP Photo/Carlos Osorio)

There have been a lot of articles published in the past few days about how to navigate awkward Thanksgiving conversations with your relatives. Heck, we even wrote one.

But there’s always room for more! Such as “How to talk to your father at Thanksgiving dinner about the fact that he let you walk away from the only team you’ve ever known to sign with a division rival.” Which is what Alex Avila will likely be talking about with his father, Tigers GM Al Avila:

The older Avila can’t even say he did it because he’s opposed to nepotism. After all, he just hired his other son — who has had his law degree for just over a year — as the Tigers assistant legal counsel for baseball operations. Though I’m sure that wasn’t nepotism. He probably just aced the interview and impressed everyone more than the other candidates did.

OK, those are jokes. In all seriousness, this is a good move for Alex and Al and, probably, the White Sox. With the emergence of James McCann, there really is not space for Alex Avila in Detroit in anything other than a backup capacity. In Chicago, he’ll get more playing time. At least if he can (a) stay healthy; and (b) not hit .191/.339/.287 again like he did in 2015.

Pirates sign outfielder/first baseman Jake Goebbert

Jake Goebbert

The best thing about minor Thanksgiving week transactions is that they are almost certainly done by GMs frantically looking for some work to do rather than go pick up their in-laws at the airport. I mean, sure, the player in question could very easily be an important player who fills a key role in the organization, but it’s not like it couldn’t have waited until Monday, right? This is the GM equivalent of you pretending you have to run into the office on Wednesday afternoon and, in reality, driving around in your car, listening to Neil Young and promising that NEXT YEAR you’re just doing a small Thanksgiving dinner with no family and, maybe, might even go on a little trip, just you and the wife.

Or is that just me? OK, maybe that’s just me.

Anyway, that’s how I’m choosing to view the Pirates activity today. First they traded for Allen Webster and now they’re signing minor league free agent first baseman/outfielder Jake Goebbert, according to Adam Berry of MLB.com.

Goebbert, 28, hit .294 with an .844 OPS and 10 homers for Triple-A El Paso last season. He has 115 plate appearances in the bigs, all for San Diego in 2014. Overall he has a line of .282/.386/.465 with 30 homers in 997 Triple-A plate appearances in the Astros, Athletics and Padres organizations.

Not a bad depth move, especially given that the Pirates are looking to trade Pedro Alvarez and otherwise re-jigger their first base situation.