Yankees logo

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.

Cavaliers will move ring ceremony to avoid conflict with World Series start

CLEVELAND, OH - JULY 11: A general exterior image of the Quicken Loans arena which is next door to Progressive Field where the Chicago White Sox will take on the Cleveland Indians on July 11, 2014 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
Getty Images

In a show of good sportsmanship, the Cleveland Cavaliers have moved their championship ring ceremony start time back to 7 PM EDT to avoid conflicting with the start of the World Series opener on Tuesday. The Indians are set to host Game 1 at Progressive Field on October 25, while the Cavs will open the 2016-17 NBA season against the New York Knicks at the nearby Quicken Loans Arena, preceded by a ceremony recognizing their first franchise title.

In the event that the Indians clinch a World Series title, it’ll be the first time Cleveland has seen two championships in the same calendar year since 1948, when the Indians’ last Series title came on the back of the Cleveland Browns’ All-American Football Conference championship against the Buffalo Bills. The same was true for the Dodgers in 1988, when their World Series win against the Athletics coincided with the Los Angeles Lakers’ 11th championship, while Chicago has yet to see a multi-title year among their NBA, NHL, NFL, and MLB franchises.

Regardless of the Series’ outcome, Cleveland fans will get the chance to revel in one long-awaited championship win on Tuesday before watching the beginning of a nail-biting conclusion to another long-awaited playoff run. The Cavaliers are scheduled for 7 PM EDT on October 25, while the Indians will take the field at 8 PM EDT.

Indians could benefit from long rest before the World Series

MINNEAPOLIS, MN - SEPTEMBER 09: Danny Salazar #31 of the Cleveland Indians delivers a pitch against the Minnesota Twins during the first inning of the game on September 9, 2016 at Target Field in Minneapolis, Minnesota. (Photo by Hannah Foslien/Getty Images)
Getty Images

If any team can turn a six-day rest period into an advantage, it’s the Indians. The club polished off their pennant race with another injured starter and an overtaxed bullpen, as Trevor Bauer exited in Game 3 of the ALCS with a laceration on his right pinky finger, leaving the bullpen to shoulder 16 innings through the last three games of the series. On Friday, MLB.com’s Jordan Bastian reported that injured starter Danny Salazar could rejoin the rotation in the World Series, though he’ll need at least one more simulated game before Terry Francona determines whether or not he’s fit to return for the team’s last postseason push.

Bauer, who has been under the close watch of hand specialist Dr. Thomas Graham, told the press that he feels confident that he’ll be ready for a World Series start when the final showdown commences on Tuesday. Keeping the wound bandaged is not an option during games, and Bauer said that Dr. Graham decided against additional stitches to keep the laceration from re-opening. Instead, they’re banking on extra days of rest to heal the cut naturally. Should Francona pencil the right-hander into the lineup for Game 3 or 4, he’ll have had 10-11 days to rest his finger between starts — just a hair under the seven games Bauer said he was prepared to pitch.

Salazar, too, has been preparing for a World Series showdown. He’s scheduled to pitch three innings of a simulated game this weekend, and if it goes well, it could land him a spot in the starting rotation alongside Bauer, Corey Kluber, Josh Tomlin, and newcomer Ryan Merritt. Salazar has been sidelined since September 9 with a right forearm strain, and even after undergoing a rigorous throwing program over the last several weeks, any kind of comeback is expected to be curbed by a strict innings limit. Francona has been understandably tight-lipped about his World Series roster, but he hasn’t yet nixed the idea of utilizing Salazar out of the rotation, provided the right-hander remains healthy for another week or so.

The Indians have had to remain flexible throughout their seven-game playoff run after weathering injuries to Corey Kluber and Trevor Bauer, pushing their rotation through several games on short rest and relying heavily on Andrew Miller and Cody Allen‘s one-two punch in the ‘pen to clinch more than a few postseason victories. While history doesn’t always favor the first team to secure their league’s pennant race, an extra week of rest should only benefit Cleveland’s beleaguered pitching staff.