Albert Pujols AP

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

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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.

Shohei Otani may come to the United States after 2017

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Last week it was widely speculated that Shohei Otani, the highly-touted Japanese pitcher/designated hitter who stars for the Nippon Ham Fighters, would not come to the United States to play due to changes in the new Collective Bargaining Agreement. The upshot: the new CBA caps money available to international free agents under age 25 at $5-6 million and Otani, 22, would be worth way more than that, so why take the pay cut?

Now, however, Jeff Passan of Yahoo reports that the Fighters are set to post Shotei Otani following the 2017 season. Passan says that his sources have told him that there are potential ways around the limit on spending for under-25 players like Shohei Otani and he links a Japanese article from Sponichi which says the Fighters would post him after the 2017 season.

It’d be interesting to see what that loophole is. Without knowing the exact terms of the CBA on this score it’s impossible to know, but one possibility is that there are different rules applicable to those with professional experience in other countries as opposed to amateur free agents.

Whatever the case, the notion that we could see Otani in the U.S. at age 23 or 24 is pretty exciting.

Report: Phillies close to signing Joaquin Benoit

ANAHEIM, CA - SEPTEMBER 15:  Joaquin Benoit #53 of the Toronto Blue Jays pitches during the seventh inning of a game against the Los Angeles Angels of Anaheim  at Angel Stadium of Anaheim on September 15, 2016 in Anaheim, California.  (Photo by Sean M. Haffey/Getty Images)
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Jim Salisbury of CSN Philly reports that the Phillies are close to signing free agent reliever Joaquin Benoit. An announcement is expected before the winter meetings end on Thursday.

Benoit, 39, has quietly been among the better relievers in baseball over the past seven years. This past season with the Mariners and Blue Jays, the right-hander put up an aggregate 2.81 ERA with a 52/24 K/BB ratio in 48 innings. That included a 0.38 ERA in 23 2/3 innings after the Jays acquired him from the Mariners.

Benoit suffered a torn calf muscle during a benches-clearing brawl with the Yankees near the end of the regular season. He’s expected to be healthy for spring training.

The Phillies have now added three relievers this offseason with Benoit, Pat Neshek, and David Rollins.