Albert Pujols AP

Albert Pujols probably shouldn’t bother suing Jack Clark, even if Clark is lying

70 Comments

Following Jack Clark’s claim that Albert Pujols used performance-enhancing drugs last week, Pujols told reporters that he planned to take legal action against Clark, presumably for defamation. He shouldn’t. And it has nothing to with whether he, in fact, took PEDs or not. It has everything to do with the nature of defamation cases.

There is a lot to lose when you sue for defamation, even if you are telling the truth and the person you are suing did, in fact, lie.  For one thing, defamation cases are hard to win.  This is especially true when the plaintiff is a public figure as Pujols is. That’s because Pujols would have to prove that Clark’s statements were made with “actual malice”. That means that Pujols would have to prove that Clark either knew his comments to be false or said them with reckless disregard as to their truth. Proving that Clark had the requisite malice when mistake, stupidity or mere attention-seeking is so much simpler an explanation for a guy in Clark’s place is an insanely tall order, the sort of which usually requires some sort of documented knowledge on the part of the person in Clark’s position. You can’t win these on a he-said, he-said basis, and so far that’s what this all sounds like.  No matter the case, actual malice is an extraordinary barrier to hurdle. While it does happen occasionally, it truly is newsworthy when a celebrity like Pujols prevails on a defamation claim.

A second problem for Pujols is more of a practical one than a legal one and that’s the inescapable fact that defamation lawsuits often create bigger audiences for the false statements than the false statements enjoyed in the first place. We who follow baseball closely all know what happened with Clark and Pujols last week. If there is a lawsuit wider sports media and possibly even general news and entertainment media will begin to cover it. People who had no idea that there was even a question about Pujols and PEDs will suddenly be reading news reports that — in the interests of appearing to be balanced — will lead with “Did the former MVP take steroids? One man says he did!” It’s totally unfair to a wronged person, but if the matter truly is about the subject’s reputation with the public, the subject is usually better served by letting the story die than he is by trying to vindicate his legal rights. This was the most common advice I’d give potential clients back when I used to handle defamation cases and it was the most common reason for them to decide not to sue.

Finally, there is what I feel is the biggest problem with a lawsuit: the possibility of, perversely, making the world believe Clark’s statements are true even if they aren’t.

Say Pujols sues. And say he loses the case, not because he fails to prove that Clark lied maliciously, but for the reason a lot of cases are lost: technicalities. Failures having to do with something other than the main issue. He can’t prove damages, say. Or it gets dismissed for some other reason, the possibilities of which are several. The savvy and the legally-trained among us may appreciate that the loss was on something other than the merits but most people will merely see “Pujols sued Clark, Clark won the case, ergo Clark was telling the truth.”  Lost in all of that will be the fact that there are a lot of ways someone can lie about another without being successfully sued for it. The history of this little story will always end with “Pujols was unsuccessful in his lawsuit against Clark.”

Reputation is everything. When one damages another’s reputation it can hurt like nothing else. Unfortunately, especially for the famous, there is very little upside to actually filing a lawsuit when one is truly defamed. Even worse than that is that there’s a no-win angle to all of this: if Pujols agrees there is no upside and decides not to sue Clark, many will say “See, he didn’t sue! Clark must be telling the truth!”

That would stink. But it stinks way less than the other options in front of him.

Report: MLB approves new rule allowing a dugout signal for an intentional walk

CHICAGO, IL - OCTOBER 29:  MLB Commissioner Rob Manfred laughs during a ceremony naming the 2016 winners of the Mariano Rivera American League Reliever of the Year Award and the Trevor Hoffman National League Reliever of the Year Award before Game Four of the 2016 World Series between the Chicago Cubs and the Cleveland Indians at Wrigley Field on October 29, 2016 in Chicago, Illinois.  (Photo by Elsa/Getty Images)
Elsa/Getty Images
9 Comments

ESPN’s Howard Bryant is reporting that Major League Baseball has approved a rule allowing for a dugout signal for an intentional walk. In other words, baseball is allowing automatic intentional walks. Bryant adds that this rule will be effective for the 2017 season.

MLB has been trying, particularly this month, to improve the pace of play. Getting rid of the formality of throwing four pitches wide of the strike zone will save a minute or two for each intentional walk. There were 932 of them across 2,428 games last season, an average of one intentional walk every 2.6 games. It’s not the biggest improvement, but it’s something at least.

Earlier, Commissioner Rob Manfred was upset with the players’ union’s “lack of cooperation.” Perhaps his public criticism was the catalyst for getting this rule passed.

Unfortunately, getting rid of the intentional walk formality will eradicate the chance of seeing any more moments like this:

Tony Clark responds to Rob Manfred’s claim that union had a “lack of cooperation”

ADVANCE FOR WEEKEND EDITIONS, JAN. 18-19 - This Jan. 15, 2014 photo showing new baseball union head Tony Clark during an interview at the organization's headquarters, in New York. Clark has big shoes to fill _ and not just as Michael Weiner's replacement as head of the baseball players' union. Moving from Arizona to New Jersey, the former big league All-Star also needed to find size 15 snowshoes.  (AP Photo/Richard Drew)
AP Photo/Richard Drew
2 Comments

Earlier, Craig covered Rob Manfred’s comments in which he accused the Major League Baseball Players’ Association of “a lack of cooperation” concerning some proposed rule changes. The union would need to agree to any such changes, which have included automatic intentional walks, limiting mound visits, pitch clocks, and swapping batting practice times for home and visiting teams.

Manfred went on to say that MLB will impose those rule changes unilaterally next year as allowed in the latest collective bargaining agreement.

Tony Clark, the executive director of the MLBPA, responded to Manfred’s comment. Via Ken Rosenthal of FOX Sports:

“Unless your definition of ‘cooperation’ is blanket approval, I don’t agree that we’ve failed to cooperate with the Commissioner’s office on these issues.”

“Two years ago we negotiated pace of play protocols that had an immediate and positive impact. Last year we took a step backward in some ways, and this off season we’ve been in regular contact with MLB and with our members to get a better handle on why that happened.”

“I would be surprised if those discussions with MLB don’t continue, notwithstanding today’s comments about implementation. As I’ve said, fundamental changes to the game are going to be an uphill battle, but the lines of communication should remain open.”

“My understanding is that MLB wants to continue with the replay changes (2min limit) and the no-pitch intentional walks and the pace of Game warning/fine adjustments.”

Clark’s response isn’t anything too shocking. Manfred’s accusation was pretty baseless, but it’s behavior to be expected of a commissioner who comes down on the side of the owners over the players almost always.