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.

Jenrry Mejia: “It is not like they say. I am sure that I did not use anything.”

New York Mets' Jenrry Mejia reacts after getting the last out against the Milwaukee Brewers during the ninth inning of a baseball game Friday, July 25, 2014, in Milwaukee. The Mets won 3-2. (AP Photo/Jeffrey Phelps)
AP Photo/Jeffrey Phelps
3 Comments

Mets reliever Jenrry Mejia was permanently suspended on Friday after testing positive for a third time for a performance-enhancing drug. The right-hander is maintaining his innocence, as ESPN’s Adam Rubin notes in quoting Dominican sports journalist Hector Gomez. Mejia said, “It is not like they say. I am sure that I did not use anything.”

Mejia has the opportunity to petition commissioner Rob Manfred in one year for reinstatement to Major League Baseball. However, he must sit out at least two years before becoming eligible to pitch in the majors again, which would mean Mejia would be 28 years old.

Over parts of five seasons, Mejia has a career 3.68 ERA with 162 strikeouts and 76 walks over 183 1/3 innings. He was once a top prospect in the Mets’ minor league system and a top-100 overall prospect heading into the 2010 and ’11 seasons.

Bryce Harper on potential $400 million contract: “Don’t sell me short.”

Bryce Harper
AP Photo/Nick Wass
10 Comments

Nationals outfielder Bryce Harper is at least three years away from free agency, but people are already contemplating just how large a contract the phenom will be able to negotiate, especially after taking home the National League Most Valuable Player Award for his performance this past season.

When the likes of David Price and Zack Greinke are signing for over $200 million at the age of 30 or older, it stands to reason that Harper could draw more as a 26-year-old if he can maintain MVP-esque levels of production over the next several seasons. $400 million might not be enough for Harper, though, as MLB.com’s Jamal Collier reports. He said, “Don’t sell me short,” which is a fantastic response.

During the 2015 season, Harper led the majors with a .460 on-base percentage and a .649 slugging percentage while leading the National League with 42 home runs and 118 runs scored. He also knocked in 99 runs for good measure. Harper and Ted Williams are the only hitters in baseball history to put up an adjusted OPS of 195 or better (100 is average) at the age of 22 or younger.

Frankie Montas out 2-4 months after rib resection surgery

Chicago White Sox pitcher Frankie Montas throws against the Detroit Tigers in the first inning of a baseball game in Detroit, Wednesday, Sept. 23, 2015. (AP Photo/Paul Sancya)
AP Photo/Paul Sancya
2 Comments

Per Eric Stephen of SB Nation’s True Blue LA, the Dodgers announced that pitching prospect Frankie Montas will be out two to four months after undergoing rib resection surgery to remove his right first rib.

The Dodgers acquired Montas from the White Sox in a three-team trade in December 2015 that also involved the Reds. The 22-year-old made his big league debut with the Pale Hose last season, allowing eight runs on 14 hits and nine walks with 20 strikeouts in 15 innings across two starts. Montas had spent the majority of his season at Double-A Birmingham, where he posted a 2.97 ERA with 108 strikeouts and 48 walks in 112 innings.

MLB.com rated Montas as the 95th-best prospect in baseball, slipping a few spots from last year’s pre-season ranking of 91.

Athletics acquire Khris Davis in trade with Brewers

Milwaukee Brewers' Khris Davis swings on a home run during the eighth inning of a baseball game against the San Diego Padres on Tuesday, July 23, 2013, in Milwaukee. (AP Photo/Morry Gash)
AP Photo/Morry Gash
6 Comments

The Brewers’ rebuild continues, as the club announced on Twitter the trade of outfielder Khris Davis to the Athletics in exchange for catcher Jacob Nottingham and pitcher Bubba Derby. MLB.com’s Jane Lee reports that the A’s have designated pitcher Sean Nolin for assignment to create room on the 40-man roster for Davis.

Davis, 28, was the Brewers’ most valuable remaining trade chip. He blasted 27 home runs while hitting .247/.323/.505 in 440 plate appearances this past season in Milwaukee. Adding to his value, Davis won’t become eligible for arbitration until after the 2016 season and can’t become a free agent until after the 2019 season. In Oakland, Davis will give the Athletics more reliability as Coco Crisp was injured for most of last season and is now 36 years old. Though he doesn’t have much of a career platoon split, Davis split time in left field with the left-handed-hitting Gerardo Parra last season. It’s unclear if the A’s will utilize him in a platoon as well.

With Davis out of the picture, Domingo Santana is a leading candidate to start in left field for the Brewers, GM David Stearns said, per Tom Haudricourt of the Milwaukee Journal Sentinel.

Nottingham, 20, started the 2015 season in the Astros’ system but went to the Athletics in the Scott Kazmir deal. He hit an aggregate .316/.372/.505 at Single-A, showing plenty of promise early in his professional career. With catcher Jonathan Lucroy on his way out of Milwaukee, the Brewers are hoping Nottingham can be their next permanent backstop.

Derby, 21, made his professional debut last season after the Athletics drafted him in the sixth round. Across 37 1/3 innings, he yielded seven runs (five earned) on 24 hits and 10 walks with 47 strikeouts. He’s obviously a few years away from the majors, but the Brewers are looking for high upside.