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.

Video: Nelson Cruz hits second-longest home run of 2016

ANAHEIM, CA - SEPTEMBER 14:  Nelson Cruz #23 of the Seattle Mariners celebrates his solo homerun with Daniel Vogelbach #20 of the Seattle Mariners to take a 2-1 lead over the Los Angeles Angels of Anaheim during the seventh inning at Angel Stadium of Anaheim on September 14, 2016 in Anaheim, California.  (Photo by Harry How/Getty Images)
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There’s certainly never a bad time to hit a home run, but when you get the opportunity to crush a triple-deck, 493-foot shot off of Tyler Duffey, you should take it. With the Mariners down 2-0 to the Twins in the fourth inning, Cruz hammered a fastball to deep left field for his 39th long ball of the season — and the second-longest home run hit in 2016, to boot.

It doesn’t hurt that the Mariners are 1.5 games back of a playoff spot, although they’ll have to oust the Blue Jays, Orioles, or Tigers to get a wild card. They’ve gone 3-3 in the last week, dropping two consecutive series to the Astros and Blue Jays and taking their series opener against Minnesota 10-1 on Friday night.

Cruz, for his part, entered Saturday’s game with a .299/.337/.610 batting line and six home runs in September. According to ESPN.com’s Home Run Tracker, Cruz sits behind Edwin Encarnacion and Mike Napoli with 13 “no-doubt” home runs in 2016, third-most among major league sluggers. It’s safe to say he can add Saturday’s moonshot to that list.

Marlins’ outfielder and undisputed home run king Giancarlo Stanton remains untouched at the top of the Statcast leaderboard with a 504-ft. home run, and it’s difficult to envision any slugger reaching beyond that before the end of the season. Even so, Cruz won’t need to clear 500 feet to extend an impressive hitting record. One more home run will put the 36-year-old at 40 on the year, making 2016 his third consecutive season with at least 40 homers, and his second such season doing so in Seattle.

Report: John Farrell won’t rule out a postseason return for Pablo Sandoval

BOSTON, MASSACHUSETTS - APRIL 11:  Pablo Sandoval #48 of the Boston Red Sox looks on from the dugout before the Red Sox home opener against the Baltimore Orioles at Fenway Park on April 11, 2016 in Boston, Massachusetts. The Orioles defeat the Red Sox 9-7.  (Photo by Maddie Meyer/Getty Images)
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It’s been a strange season for Red Sox’ third baseman Pablo Sandoval, who lost his starting role in spring training, went 0-for-6 in three regular season appearances, and underwent season-ending surgery to repair a torn labrum in his left shoulder in May. That was the last the Red Sox were supposed to hear about Sandoval until spring 2017, when he was expected to rejoin the team after a lengthy rehab stint in Florida.

On Saturday, manager John Farrell was telling a different story. Per MLB.com’s Sam Blum, Farrell hinted that Sandoval could return to the team as soon as October, albeit in a very limited capacity.

At the time of the surgery, it was all looking at the start of next Spring Training,” Farrell said. “We’re not getting too far ahead of ourselves here, but at the same time, we compliment him for the work he’s put in, the way he’s responded to the rehab, the way he’s worked himself into better condition. We’re staying open-minded.

If the 30-year-old does return in 2016, don’t expect him to look like the three-home run hitter of the 2012 World Series. Should the Red Sox lose another player to injury, Sandoval might be called on as a backup option, but he’s unlikely to see substantial playing time under any other circumstances. Despite making two appearances at DH in the instructional league, Sandoval has not started at third base since undergoing surgery, though Farrell noted that a return to third base would be the next logical step in his recovery process.

Sandoval has yet to hit his stride within the Red Sox’ organization after hitting career-worst numbers in 2015. According to FanGraphs, his Offensive Runs Above Average (Off) plummeted to -20.2, contributing approximately two wins fewer than the average offensive player in 2015. (The Diamondbacks’ Chris Owings held the lowest Off mark in 2015, with -26.3 runs below average.) Sandoval has not appeared in a postseason race since the Giants’ championship run in 2014.

Heading into Saturday evening, the Red Sox could clinch their spot in the postseason with a win over the Rays and an Orioles’ loss.