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

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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.

How not to enjoy what Aaron Judge is doing

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Yankees outfielder Aaron Judge has been one of the biggest and best stories in all of baseball this year. While he held promise entering his rookie season, most experts figured he’d provide some low-average, low-OBP power. That he’d be a guy who, based on his size, could send a pitcher’s mistake 500 feet in the wrong direction, but who would probably be shown to have big holes in his swing once he’d been around the league a little bit.

Judge defied expectations, however, and has put together an amazing rookie season. He broke the rookie home run record yesterday with his 50th blast. He still strikes out a lot but so does everyone. He nonetheless has hit for a great average and has gotten on base at a fantastic clip. He has also showed some uncommon resilience, overcoming a lengthy slump in July and August and returning to the dominant form he showed in the first half while helping a Yankees team not many figured to be a strong contender into the playoffs. Such a great story!

Sadly, however, this sentiment, which appeared from a commenter on my Facebook page yesterday, has become increasingly common:

I’ve seen it in a lot of comments sections and message boards around the Internet too, including our own comment section. From yesterday:

This is not exactly the same thing we’ve seen in the past with other breakout home run hitters such as Jose Bautista a few years back. This is not an accusation that Judge is taking drugs or anything. It’s more of a preemptive and defensive diminishment of excitement. And I find it rather sad.

Yes, I understand that past PED users have made fans wonder whether the players they watch are using something to get an extra edge, but it really does not need to be this way. We’ve had drug testing in baseball for over a decade and, while no drug testing regime is perfect, it just seems bizarre, several years after Barry Bonds, Mark McGwire and Sammy Sosa did their thing — and a few years after Alex Rodriguez and others were caught and disciplined for trying to do more — to assume, out of hand, that great baseball performances are the product of undetected cheating. Yes, it’s possible, but such assumptions should not be the default stance, only to be disproved (somehow) at a later date.

The same goes for the juiced baseball, right? Yes, there is strong evidence that the baseball was changed a couple of years back leading to a home run spike, but aren’t all players using the same baseball? It’s also worth remembering that the season Mark McGwire hit 49 homers — 1987 — is strongly suspected of being a juiced ball year as well. It’s a concern that may be based in fact, but it’s a large concern over a fact thrown out with little regard for context to sketch out a threat that is either remote or without consequence.

The point here is not to argue that Aaron Judge is undeniably clean or that the baseball isn’t different. The former is unknown and the latter is likely false. The point is that it’s super sad and self-defeating to qualify every amazing feat you see with preemptive concern about such things. Years and years of sports writers writing McCarthy-esque “Yes, but is he clean?” articles does not require you, as a fan, to do the same. You can enjoy a cool thing in the moment. If it’s found out later to have been tainted, fine, we have a lot of practice in contextualizing such things and we’ll do so pretty quickly, but what’s the harm in going with it in real time?

I suspect the answer to that is rooted in some desire not to look like a sucker or something. Not to find oneself like many did, in the mid-2000s, being told by sportswriters and politicians that they were dupes for enjoying Sosa and McGwire in 1998. But that’s idiotic, in my view. I enjoyed 1998 and all of the baseball I saw on either side of it, as did most baseball fans. When the PEDs stuff exploded in the 2000s I reassessed it somewhat as far as the magnitude of the accomplishments compared to other eras in history, but it didn’t mean I enjoyed what I had seen any less.

Likewise, I’ve enjoyed the hell out of watching Aaron Judge this year. Why can’t everyone? Why is it so hard? Why have we been conditioned to be skeptical of something that is supposed to be entertaining? When your personal stakes are low like they are with respect to any sporting event or form of entertainment, it’s OK to enjoy things while they’re enjoyable and worry about them being problematic if and when they ever become so. And hey, they may not!

I promise you: if Aaron Judge walks into the postseason awards banquet this winter carrying a briefcase that unexpectedly opens and 200 syringes full of nandrolone fall out, no one is going to say you were dumb for cheering for him yesterday. It will really be OK.

Yadier Molina leaves game after taking two foul balls to the mask

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The St. Louis Cardinals have been eliminated from contention for the NL Central crown and are hanging on by the thinnest of threads in the race for the second NL Wild Card, two and a half games back of the Rockies with the Brewers in between. Last night those dim playoff hopes took what may have been a fatal blow thanks to a couple of foul balls that knocked Yadier Molina out of the game and, possibly, out for the season.

In the seventh inning of last night’s Cubs-Cardinals game Molina took a Kris Bryant foul ball off of his mask. It sent him to his knees. He gathered himself, set back up and, on the very next pitch, took a second foul ball, right to the mask. He was much slower in rising that time and Cardinals manager Mike Matheny immediately — and wisely — pulled Molina from the game.

Molina is being monitored for a concussion. Whether he has one or not, prudence would dictate sitting him down for the rest of what are likely the Cardinals final six games of 2017.