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

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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.

Bartolo Colon hit a foul ball with 102 MPH exit velocity on Monday

New York Mets pitcher Bartolo Colon  adjusts his cap after giving up a base hit to Philadelphia Phillies' Cameron Rupp during the fifth inning of a baseball game, Saturday, April 9, 2016, in New York. (AP Photo/Julie Jacobson)
AP Photo/Julie Jacobson
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Everyone seemed to be able to hit Braves starter Mike Foltynewicz on Monday night. The right-hander served up three home runs to the Mets in the first inning, as David Wright, Yoenis Cespedes, and Lucas Duda each took him yard.

Even Mets starter Bartolo Colon wanted to get in on the action. Colon is not much of a hitter, as evidenced by his .089 career batting average and this swing he took two years ago.

Colon got a neck-high fastball from Foltynewicz and he was somehow able to make solid contact on it, sending a line drive down the left field line. It was foul, but it registered an exit velocity at 101.9 MPH via Statcast. Not bad for a guy whose hitting prowess is often the butt of a joke.

White Sox will designate John Danks for assignment

Chicago White Sox starting pitcher John Danks walks off the field after the third inning of a baseball game against the Baltimore Orioles in Baltimore, Thursday, April 28, 2016. Baltimore scored four runs against Danks in the third. (AP Photo/Patrick Semansky)
AP Photo/Patrick Semansky
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CSN Chicago’s Dan Hayes reports that the White Sox will designate starter John Danks for assignment. He notes the move is not yet official. Erik Johnson is expected to draw the start on Thursday as a result, Hayes adds. Danks was scheduled to start on Wednesday against the Red Sox, but Carlos Rodon will move up a day and start instead.

Danks, 31, was off to a bumpy start to the 2016 season. He lost each of his first four starts, compiling a 7.25 ERA with a 16/11 K/BB ratio in 22 1/3 innings. The lefty showed promise early in his career, but put up an aggregate 4.79 ERA since the beginning of the 2011 season. Danks was never able to find his stuff again.

Once Danks’ DFA is made official, the White Sox will have 10 days to find a trade partner, otherwise Danks will likely be released and become a free agent. Expect the latter, as Danks is owed the balance of his $14.25 million salary for the 2016 season, the final year of a five-year, $65 million extension signed in December 2011.

Danks has been in the White Sox organization since they acquired him from the Rangers in December 2006.

Pablo Sandoval had successful shoulder surgery

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Pablo Sandoval underwent successful surgery today to repair a torn labrum in his left shoulder. The Red Sox said afterward that he will be out the remainder of 2016 and that they anticipate him being ready for 2017. That’s the official word, of course, on what many reported last night. But it’s nice that it’s official.

It’s also nice that the surgery was “successful.” Of course it’s always “successful” the day of the surgery. No one has ever released a statement saying “Shlabotnik had knee surgery today. It was an unmitigated disaster. Like, oh my god, you don’t want to know and I can’t even with this.” If there are problems, they’re always revealed later.

Here’s hoping there are no problems for Sandoval.

What’s on Tap: Previewing Tuesday’s action

New York Mets starting pitcher Matt Harvey (33) delivers during the first inning of a baseball game against the Cincinnati Reds, Wednesday, April 27, 2016, in New York. (AP Photo/Kathy Willens)
AP Photo/Kathy Willens
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We’re back to a full slate of games on Tuesday night. The game to watch tonight, especially if you’re a fan of mismatches, is Braves-Mets. The Mets easily handled the Braves on Monday night, winning 4-1. The club blasted three home runs in the first inning off of Mike Foltynewicz, which is nearly as many homers as the Braves have hit all season (five). The Mets went on cruise control from there. Bartolo Colon finished with seven strikeouts over eight shutout innings. Jeurys Familia gave up a run but was able to reach the finish line.

The Braves are now 6-19, a game ahead of the Astros and Twins for the worst record in baseball. It’s not particularly shocking since the Braves have embraced tanking in their final year at Turner Field. How low can they go? The Atlanta record for losses in a season is 106 by the 1988 club. The 1935 Boston Braves went 38-115. The Braves’ current .240 winning percentage would rank as the worst in franchise history — including Atlanta, Boston, and Milwaukee — if the season were to end today.

Tuesday’s pitching match-up features Matt Wisler for the Braves and Matt Harvey for the Mets. The two will square off at 7:10 PM EDT at Citi Field tonight.

The rest of Tuesday’s action…

Detroit Tigers (Justin Verlander) @ Cleveland Indians (Josh Tomlin), 6:10 PM EDT

Chicago Cubs (Jake Arrieta) @ Pittsburgh Pirates (Jon Niese), 7:05 PM EDT

New York Yankees (Luis Severino) @ Baltimore Orioles (Chris Tillman), 7:05 PM EDT

Texas Rangers (Martin Perez) @ Toronto Blue Jays (Marco Estrada), 7:07 PM EDT

Arizona Diamondbacks (Patrick Corbin) @ Miami Marlins (Justin Nicolino), 7:10 PM EDT

Los Angeles Dodgers (Scott Kazmir) @ Tampa Bay Rays (Matt Moore), 7:10 PM EDT

San Francisco Giants (Jeff Samardzija) @ Cincinnati Reds (Jon Moscot), 7:10 PM EDT

Boston Red Sox (Steven Wright) @ Chicago White Sox (Jose Quintana), 8:10 PM EDT

Los Angeles Angels (Nick Tropeano) @ Milwaukee Brewers (Junior Guerra), 8:10 PM EDT

Minnesota Twins (Alex Meyer) @ Houston Astros (Collin McHugh), 8:10 PM EDT

Philadelphia Phillies (Aaron Nola) @ St. Louis Cardinals (Michael Wacha), 8:15 PM EDT

Washington Nationals (Tanner Roark) @ Kansas City Royals (Chris Young), 8:15 PM EDT

Seattle Mariners (Hisashi Iwakuma) @ Oakland Athletics (Sonny Gray), 10:05 PM EDT

Colorado Rockies (Eddie Butler) @ San Diego Padres (Andrew Cashner), 10:10 PM EDT