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A-Rod’s lawsuit: dropping bombs, but maybe he has a grander tactical plan


I finally finished reading A-Rod’s lawsuit against Major League Baseball.  If you haven’t read it, go here. It may be one of those most over-the-top, Earth-scorching lawsuits I’ve ever seen. Certainly in a sports context.

It’s Alex Rodriguez attempting to put Bud Selig and Major League Baseball on trial for Collusion against free agents in the 80s, the Steroids Era — which A-Rod claims was largely authored by Bud Selig — and generally for trying to destroy Rodriguez’s career, reputation and earning potential. It did so, he claims, by paying off witnesses, leaking the details of the Biogenesis investigation to the media and singling him out as the target of a vendetta. The complaint reads like acid in places, is hilarious in others and basically attempts to put baseball on trial for everything bad it has done since Selig has been around.

But so much of that is just noise and red meat for the press. A lawsuit is only as strong as its legal claims, and it’s worth noting that the legal end to all of these allegations is pretty small: two simple legal counts for tortious interference. One in which he alleged that Major League Baseball’s actions have caused him to lose out on business and endorsement deals and another in which he alleges that Major League Baseball is trying to interfere with his contract with the Yankees.

As we noted back in March when MLB filed its tortious interference suit against Biogenesis and again when San Jose sued MLB on tortious interference grounds back in June, such claims are often hard to establish. In order to prevail, you have to show the following:

  • that you had a contract with a third party (or that prospective contracts were in the offing);
  • that the defendant knowingly induced the third party to break the contract;
  • that the defendant had an improper motive or means for doing so; and
  • that you were harmed by such actions

In the Biogenesis suit, MLB’s harm, as stated in the complaint, was laughable. In the San Jose suit, San Jose’s contracts are imaginary, not real. In this case A-Rod can make valid claim to real contracts — his Yankees contract chief among them — and harm that will result from his suspension. But what I’m struggling with is how he will establish Major League Baseball’s improper motive and means.

Even if we think MLB has overreached — which I do — MLB has been acting and continues to act in furtherance of a valid drug enforcement regime. In collecting evidence, issuing discipline and suspending players, MLB has been fulfilling its legal obligations under the CBA, so the very act of the proceedings against A-Rod are, at least on the surface, valid. Maybe they secretly harbor a vendetta, but they have total deniability of that in saying that their motive here is to police PED use by baseball players.

So then we go to means. As A-Rod’s lawyers so helpfully remind everyone at paragraph 37 of the complaint, I personally think that the way in which MLB has gone about gathering evidence is bogus. The main tool they used — the Biogenesis lawsuit — is clearly a sham, designed to get documents and not actually redress injury.  But that’s just my view. The court handling that case has validated the suit by refusing to dismiss it and by continuing to let major league baseball collect evidence and depose people. I think the court was wrong to do so, but it’ll be hard for A-Rod to get this court to rule that an active lawsuit is a tortious act in and of itself.

So then we get to the leaks. Again, I think there have been all kinds of loose lips in this case, but how will A-Rod establish that Major League Baseball has violated the confidentiality provisions of the CBA and JDA? Calling reporters to the stand and having them explain who at MLB told them what? We’ve seen that kind of drama before. Reporters will not burn their sources. And even if they did, are we really so naive as to think that only MLB has leaked things? I think we can confidently say that lots of different parties with lots of different agendas have leaked things. As such, it’d be hard for A-Rod to get a lot of traction here.

A final hurdle — although it may very well be a threshold issue in this case — is whether a court should actually hear this case in the first place. The JDA and CBA say that disputes between Major League Baseball and players should take place in arbitration. Obviously this suit is A-Rod’s way of saying that he no longer has to do that because MLB, in his view, has misbehaved. But a court may not buy that and may refuse to hear the case, saying it’s a matter of arbitration. If that happens, the lawsuit ends before it begins and A-Rod is back in the arbitration room every day.

What’s more — and this could loom pretty significantly — the players union itself, who is A-Rod’s nominal defense in the arbitration, has a vested interest in protecting the integrity of the arbitration process. The MLBPA, therefore, may feel obligated to break with A-Rod now and tell this court it shouldn’t hear the case because the arbitration must be respected. This would be a very big deal.

Which — now that I think about it — could be A-Rod’s plan. Well, his plan in addition to simply excoriating Bud Selig and Major League Baseball in as loud a voice as possible. The plan is this: Force his union representation to take a stand against him. That, in turn, blows up the arbitration which cannot go on if the union and league are now on the same side of a critical issue. With the arbitration in limbo, A-Rod and MLB are back to square one, A-Rod is eligible to play and there is no basis for denying him his paychecks. If such a thing were to happen, MLB may not want to proceed with a new arbitration. It may try to reach out to make a deal.

All of that is wild speculation, of course. But this is a wild case. And with it the Biogenesis matter, which we thought was nearing its end, may still have many twists and turns before its final resolution.

Erik Johnson likely to open 2016 in the White Sox rotation

DENVER, CO - APRIL 09:  Starting pitcher Erik Johnson #45 of the Chicago White Sox delivers against the Colorado Rockies during Interleague play at Coors Field on April 9, 2014 in Denver, Colorado. The Rockies defeated the White Sox 10-4.  (Photo by Doug Pensinger/Getty Images)
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With the White Sox losing Jeff Samardzija to free agency, Erik Johnson will likely get a shot to contribute out of the rotation to open up the 2016 season, GM Rick Hahn said in a conference call on Wednesday, per a report from’s Scott Merkin.

“As we sit here today, I think it will be an opportunity for Erik Johnson to convert on sort of the return to form he showed back in 2015 when he was International League pitcher of the year for [Triple-A] Charlotte,” Hahn said. “Obviously, he got some starts in September and continued to show the progress in Chicago he had shown in the Minor Leagues over the course of the last season.

“So if Opening Day were today, then I think Johnson is penciled in to that spot in the rotation right now. In all probability, once we get closer to spring, there will be some competition for him to earn that spot. But if we were strictly looking at today, then I would think Johnson has the inside track on filling Samardzija’s innings.”

Johnson was called up from Triple-A Charlotte in September and made six starts, allowing 14 runs (13 earned) on 32 hits and 17 walks with 30 strikeouts in 35 innings. That followed up an impressive five months in the minors where he compiled a 2.37 ERA and a 136/41 K/BB ratio across 132 2/3 innings.

Baseball America, Baseball Prospectus, and each included Johnson on their top-100 prospect lists, ranking him 63rd, 67th, and 70th, respectively. The right-hander was selected by the White Sox in the second round of the 2011 draft.

Major League Baseball will investigate Yasiel Puig for his role in Miami nightclub brawl

Yasiel Puig
AP Photo/Lenny Ignelzi

It was reported on Friday afternoon that Dodgers outfielder Yasiel Puig was involved in a brawl at a Miami nightclub. Details were scant at the time, but he reportedly left with a bruise on his face.

Dylan Hernandez of the Los Angeles Times reports that Major League Baseball plans to investigate Puig under the league’s new domestic violence policy for his role in the brawl. Citing a report from TMZ, Hernandez notes that Puig shoved his sister, “brutally sucker-punched” the manager of the bar, and instigated the brawl.

The Dodgers and Puig’s agent have thus far refused to comment on the situation.

Rockies shortstop Jose Reyes was the first player to be investigated under the league’s new domestic violence policy earlier this month, as he allegedly assaulted his wife. Reyes has pleaded not guilty after he was charged with domestic abuse in Hawaii.

As our own Craig Calcaterra pointed out, commissioner Rob Manfred does not need to wait for Puig to plead guilty or to be found guilty to levy a punishment.

Dayan Viciedo close to signing with Japan’s Chunichi Dragons

Dayan Viciedo
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Patrick Newman is reporting that the Chunichi Dragons of Japan’s Nippon Professional Baseball and outfielder Dayan Viciedo are close to an agreement on a contract. Newman notes that the Dragons are close to signing pitcher Jordan Norberto as well.

Viciedo, 26, has struggled since making his major league debut in 2010 with the White Sox, batting an aggregate .254/.298/.424 with 66 home runs and 211 RBI in 1,798 plate appearances. He spent the 2015 season with Triple-A Charlotte (White Sox) and Nashville (Athletics), hitting a composite .287/.348/.450. While Viciedo can hit the occasional home run, he hasn’t shown the ability to do much else at the big league level. Given his age, he could prove himself in Japan and parlay that into a renewed shot in the majors in the future.

The White Sox signed Viciedo out of Cuba in December 2008, agreeing to a four-year, $10 million deal. The club re-signed him to one-year deals in 2013 and ’14 for $2.8 million each and $4.4 million ahead of the 2015 season.

Blue Jays sign J.A. Happ to a three-year, $36 million contract

J.A. Happ
AP Photo/David Zalubowski

Update (8:45 PM EST): Per Sportsnet’s Shi Davidi, Happ will get $10 million in 2016 and $13 million each in 2017 and ’18.

*’s Gregor Chisholm reports that the Blue Jays have signed lefty J.A. Happ to a three-year deal worth $36 million.

Happ, 33, had a rebirth as a member of the Pirates last season after starting the season with 20 subpar starts with the Mariners. He made 11 starts for the Buccos, boasting a 1.85 ERA with a 69/13 K/BB ratio over 63 1/3 innings.

Travis Sawchik of the Pittsburgh Tribune-Review reported this past August that Happ’s newfound success had to do with a delivery tweak suggested by Pirates pitching coach Ray Searage. The Blue Jays are certainly hoping that adjustment is the full explanation for his success.

The Jays’ signing of Happ most likely signifies they won’t be pursuing free agent lefty David Price.

This will be Happ’s second stint with the Blue Jays. The Astros dealt him to Toronto in a July 2012 trade. He posted a 4.39 ERA with a 256/113 K/BB ratio in 291 innings with the Jays, then went to the Mariners in a trade this past December that brought outfielder Michael Saunders to the Jays.