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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.

Joe Panik says he’s “100 percent” recovered from back injury

San Francisco Giants second baseman Joe Panik follows through on a single off Colorado Rockies relief pitcher Scott Oberg in the eighth inning of Game 1 of a baseball doubleheader Saturday, May 23, 2015, in Denver. The Giants won 10-8. (AP Photo/David Zalubowski)
AP Photo/David Zalubowski
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Giants second baseman Joe Panik missed nearly all of August and September last season due to a nagging back injury, but he told Alex Pavlovic of CSNBayArea.com on Friday that he’s feeling “100 percent.”

Panik, who earned his first All-Star selection last season, originally landed on the disabled list in early August due to what was described as lower back inflammation. He made his return in September, but appeared in just three games before being shut down. The good news is that he was cleared by doctors in mid-December and considers himself “back to normal.”

“It was right around the time of all the signings,” he said, smiling. “I was able to fly under the radar. I got tested and everything had healed up. I got cleared and was able to have my full offseason workouts. I’m good to go. I’m happy to be feeling good and going back out on the field to show that I’m healthy. My swing feels strong.”

Panik altered his offseason workout routine and plans to spend less time in his spikes in the early part of spring training. The hope is that these changes will prevent future issues.

After a strong showing as a rookie in 2014, the 25-year-old Panik proved to be one of the best second baseman in the majors last season by batting .312/.378/.455 with eight home runs and 37 RBI over 100 games while playing solid defense.

Baseball America names Corey Seager as baseball’s top prospect

Los Angeles Dodgers' Corey Seager follows through a single that scored Austin Barnes, in front of Colorado Rockies' Wilin Rosario during the sixth inning of a baseball game, Wednesday, Sept. 16, 2015, in Los Angeles. (AP Photo/Danny Moloshok)
AP Photo/Danny Moloshok
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Baseball America unveiled their top 100 prospect list Friday night during a special on MLB Network. It should come as no surprise that Dodgers infielder Corey Seager came in at No. 1.

This makes Seager the consensus top prospect in the game. He was also ranked first by MLB.com, Baseball Prospectus, and ESPN’s Keith Law. Twins outfielder Byron Buxton was ranked second on all four lists.

Baseball America has the most aggressive ranking of Cuban infielder Yoan Moncada from the Red Sox, who checked in at No. 3. He was followed by pitching prospects Lucas Giolito from the Nationals and Julio Urias from the Dodgers to round out the top five.

You can see Baseball America’s full top 100 list here.

Jenrry Mejia: “It is not like they say. I am sure that I did not use anything.”

New York Mets' Jenrry Mejia reacts after getting the last out against the Milwaukee Brewers during the ninth inning of a baseball game Friday, July 25, 2014, in Milwaukee. The Mets won 3-2. (AP Photo/Jeffrey Phelps)
AP Photo/Jeffrey Phelps
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Mets reliever Jenrry Mejia was permanently suspended on Friday after testing positive for a third time for a performance-enhancing drug. The right-hander is maintaining his innocence, as ESPN’s Adam Rubin notes in quoting Dominican sports journalist Hector Gomez. Mejia said, “It is not like they say. I am sure that I did not use anything.”

Mejia has the opportunity to petition commissioner Rob Manfred in one year for reinstatement to Major League Baseball. However, he must sit out at least two years before becoming eligible to pitch in the majors again, which would mean Mejia would be 28 years old.

Over parts of five seasons, Mejia has a career 3.68 ERA with 162 strikeouts and 76 walks over 183 1/3 innings. He was once a top prospect in the Mets’ minor league system and a top-100 overall prospect heading into the 2010 and ’11 seasons.

Bryce Harper on potential $400 million contract: “Don’t sell me short.”

Bryce Harper
AP Photo/Nick Wass
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Nationals outfielder Bryce Harper is at least three years away from free agency, but people are already contemplating just how large a contract the phenom will be able to negotiate, especially after taking home the National League Most Valuable Player Award for his performance this past season.

When the likes of David Price and Zack Greinke are signing for over $200 million at the age of 30 or older, it stands to reason that Harper could draw more as a 26-year-old if he can maintain MVP-esque levels of production over the next several seasons. $400 million might not be enough for Harper, though, as MLB.com’s Jamal Collier reports. He said, “Don’t sell me short,” which is a fantastic response.

During the 2015 season, Harper led the majors with a .460 on-base percentage and a .649 slugging percentage while leading the National League with 42 home runs and 118 runs scored. He also knocked in 99 runs for good measure. Harper and Ted Williams are the only hitters in baseball history to put up an adjusted OPS of 195 or better (100 is average) at the age of 22 or younger.