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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.

What’s on Tap: Previewing Thursday’s action

HOUSTON, TX - JULY 02:  Chris Sale #49 of the Chicago White Sox pitches in the first inning against the Houston Astros at Minute Maid Park on July 2, 2016 in Houston, Texas.  (Photo by Bob Levey/Getty Images)
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White Sox ace Chris Sale will return after serving his team-issued five-game suspension. He’ll take on the Cub’s John Lackey in an 8:05 PM EDT start at Wrigley Field.

The lefty protested wearing throwback uniforms, which featured collars, this past weekend. He reportedly got into a shouting match with White Sox coaches and front office staff, and took a knife to his uniform as well as those of his teammates. GM Rick Hahn punished Sale for three offenses: violating team rules, insubordination, and destroying team equipment.

Sale apologized to fans as well as to the bullpen, which had to pick him up when he was scratched from Saturday’s start. But he didn’t apologize for standing up for what he believed in.

This isn’t Sale’s first conflict with the White Sox organization. He was part of the spring training Drake LaRoche controversy. He also was part of the club’s recent protest against the Mariners’ policy that siphoned money from clubhouse attendants. As a result of what appears to be a contentious relationship between Sale and the White Sox, many think the club will trade him if they get an enticing offer. Pitchers like Sale, however, are tough to find, and he could be under team control through 2019 if the White Sox pick up his ’18 and ’19 club options.

Sale enters Thursday’s start leading the majors with 14 wins as well as a 3.18 ERA and a 129/29 K/BB ratio in 133 innings. Could it be his last start as a member of the White Sox?

The rest of Thursday’s action…

Baltimore Orioles (Ubaldo Jimenez) @ Minnesota Twins (Kyle Gibson), 7:10 PM EDT

Philadelphia Phillies (Aaron Nola) @ Atlanta Braves (Matt Wisler), 7:10 PM EDT

St. Louis Cardinals (Michael Wacha) @ Miami Marlins (Jose Fernandez), 7:10 PM EDT

Kansas City Royals (Yordano Ventura) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Boston Red Sox (David Price) @ Los Angeles Angels (Jered Weaver), 10:05 PM EDT

Washington Nationals (Tanner Roark) @ San Francisco Giants (Johnny Cueto), 10:15 PM EDT

Report: The Diamondbacks are on the verge of trading Daniel Hudson

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Steve Gilbert of MLB.com reports that the Arizona Diamondbacks are close to trading Daniel Hudson. It’s not yet known who the trading partner would be, but obviously a number of teams are in the market for bullpen help.

Trading Hudson seemed like a good idea for a while, but he’s been on a terrible skid lately, with his ERA exploding by nearly three full runs in the past month. It now stands at 6.08, with Hudson having given up 22 earned runs in 16 and a third innings in June and July. The bad stretch has appeared to result in some frustration for Hudson. The other day he took to Twitter to describe his recent performance, calling the last month “brutal” and “absolutely awful.” He said this has “been one of the most frustrating stretch of games I’ve ever experienced in my life.” Then he deactivated his Twitter account.

Despite his recent struggles, and despite his checkered injury history, Hudson has been durable the past two seasons, pitching in 64 games last year and 42 so far this season. If this stretch is just that, a temporary skid, Hudson could help someone.