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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.

And That Happened: Thursday’s scores and highlights

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Here are the scores. Here are the highlights:

Rays 2, Red Sox 1Mikie Mahtook had been hitless in 34 straight at-bats before hitting a go-ahead double in the seventh. If it first you don’t succeed, try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try again.

Nationals 4, Orioles 0: The Nats break a four game losing streak thanks to Max Scherzer‘s eight shutout innings and ten strikeouts. Jayson Werth homered in the fourth and Daniel Murphy and Bryce Harper each doubled home run(s) in the eighth. Moral victory for the Orioles, though, in trotting out Ubaldo Jimenez and seeing him actually pitch well (6 IP, 5 H, 1 ER) instead of watching him start a tire fire.

Angels 6, Blue Jays 3: A 3-for-4, 4 RBI night for Mike Trout, which puts his batting line at .316/.432/.555. He’s on a pace for 30+ homers, 100+ RBI, nearly 30 stolen bases, leads the league in walks and, as always, has been playing gold glove-caliber defense. My guess is that he finishes third or fourth in MVP balloting.

Mets 10, Cardinals 6Alejandro De Aza hit a three-run homer and drove in five runs in all. That homer doesn’t happen at all if the Cards record out number three on the play before. Which they almost did and would have if not for one of the strangest dang plays you’ll ever see.

Rangers 9, Indians 0: Cole Hamels goes eight shutout innings and allows only two hits to win his 14th game and lower his ERA to 2.67 but, nah, he’s not an ace. Carlos Gomez homered in his first game as a Ranger. Can you imagine the agita Astros fans will feel if Gomez rakes down the stretch for Texas after stinkin’ up the joint as an Astro? In other news, Adrian Beltre drove in three and Jason Kipnis had a lot of fun with Rougned Odor. I’m sure Jose Bautista finds absolutely NOTHING funny about it at all.

Pirates 3, Brewers 2: Andrew McCutchen hit a home run and a pair of RBI singles, one of which proved to be the game-winner in the tenth. Pittsburgh breaks a nine-game losing streak in Miller Park.

Giants 4, Dodgers 0: Obviously the big story here — the one that will lead headlines everywhere this morning — was Matt Moore’s near-no-hitter. I mean, what else could there possibly be to take away from this ga–

Yes. That was EXACTLY the story of this game.

Braves 3, Diamondbacks 1: Lost in Moore’s near no-hit bid was Matt Wisler’s. The Braves starter didn’t allow a hit until the seventh inning and allowed only two overall, producing one run, in eight total innings. Freddie Freeman took a bad tumble trying to make a catch in the stands, smacking his back on an empty seat:

He stayed in the game, but man, that’s one that could’ve been way, way worse.

White Sox 7, Mariners 6: Todd Frazier struck out in his first three at-bats but made his last two count. Frazier tied the game up with an RBI single in the seventh inning and won it with a walkoff single down the left-field line in the ninth. Also in the ninth: three fans running on the field in two separate incidents. David Robertson was on the mound and he didn’t much care for the interruptions:

“The first two guys I was like, `Ok. All right. They’ve got it under control,” Robertson said. “The next guy, I got a little angry there.”

More like Guaranteed Irate field, amirite?

Royals 5, Marlins 2: Alcides Escobar homered, doubled, and drove in two runs but, wow, Jarrod Dyson, man:

Tigers 8, Twins 5: James McCann had four hits including a three-run homer as the Motor City Kitties sweep the Twinkies (note: if MLB is serious about getting young people into the game, all team names should be changed to their cutest possible variants, thereby securing the hearts and fandom of the five-year-old set).

Moore loses no-hitter with 2 outs in 9th, Giants top Dodgers

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LOS ANGELES (AP) San Francisco lefty Matt Moore lost his no-hit bid with two outs in the ninth inning on a soft, clean single by Corey Seager, and the Giants beat the Los Angeles Dodgers 4-0 Thursday night.

Moore’s try ended on his 133rd pitch. It was Seager Bobblehead Night at Dodger Stadium, and a sellout crowd cheered Moore after the ball plopped onto the grass in shallow right field.

Moore was pulled immediately. Giants manager Bruce Bochy had been pacing in the dugout for a couple of innings as Moore’s pitch count climbed – he missed most of the last two seasons after Tommy John surgery.

Giants center fielder Denard Span sprinted for two outstanding catches, including a leadoff grab in the ninth, to give Moore a chance.

Moore earned his first win for the Giants since they got him in a trade with Tampa Bay on Aug. 1.

The 27-year-old Moore nearly gave San Francisco a major league record five straight years with a no-hitter. And he almost became the first Giants pitcher to no-hit the archrival Dodgers since 1915, when New York’s Rube Marquard stopped Brooklyn.

Moore struck out seven and walked three. Reliever Santiago Casilla needed just one pitch to get the final out.

The win moved the Giants within two games of the NL West-leading Dodgers.