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.

And That Happened: Thursday’s scores and highlights

Screen Shot 2016-08-26 at 6.11.58 AM
Fox Sports South
Leave a comment

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

160825-matt-moore
Getty Images
1 Comment

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.