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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.

And That Happened: Sunday’s scores and highlights

ST. PETERSBURG, FL - SEPTEMBER 25: Luke Maile #46 of the Tampa Bay Rays tries to make the tag on Dustin Pedroia #15 of the Boston Red Sox at home plate as Pedroia scores the winning run in the tenth inning of their game at Tropicana Field on September 25, 2016 in St. Petersburg, Florida. (Photo by Joseph Garnett Jr. /Getty Images)
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Here are the scores. Here are the highlights:

Blue Jays 4, Yankees 3: Toronto blew a 2-1 lead in the top of the ninth but scored two of their own in the bottom half, first with an Ezequiel Carrera squeeze bunt topped with an Edwin Encarnacion walkoff RBI single to win it. Toronto remains in the first Wild Card position, a game and a half ahead of Baltimore and three games ahead of the Tigers.

White Sox 3, Indians 0: Carlos Rodon was dominant, shutting the Tribe out for eight and punching out 11. Carlos Sanchez drove in two of the Sox’ three runs. Fun fact: when we bought our first house back in 1999, my ex-wife’s credit report came back with the name “Carlos Sanchez” listed under “possible aliases.” We got the mortgage anyway and nothing was ever disrupted, but I’m keepin’ my eye on you, Carlos. Or maybe I should’ve just been more suspicious about my ex-wife back in the day. She seems like a normal, well-adjusted person, but what if she’s really a spy for the Venezuelan government?

Royals 12, Tigers 9: The Royals jumped out to a 7-0 lead after three innings against Matt Boyd and Anibal Sanchez and, try as they did, the Tigers never pulled closer than to within two. Whit Merrifield tripled in the first and hit a single and a double as well. The Royals hit four homers as a team. Dropping two of three to the Royals caused the Tigers to drop out of Wild Card position.

Mets 17, Phillies 0: The Mets are losing pitchers every week but it sorta does’t matter when you play the Phillies. New York took three of four in the series, scoring 44 runs in those four games. Yes, they gave up 23 and that might not always be the best thing in a four-game series, but they’re up a game on San Francisco and up a game and a half on St. Louis at the moment so they can’t really complain. Asdrubal Cabrera hit a grand slam, Jose Reyes had four RBI, including two, not one, but two bases-loaded walks. Curtis Granderson hit his 30th homer of the year.

Red Sox 3, Rays 2: And the Red Sox never lost again. That’s 11 in a row. Dustin Pedroia scored the go-ahead run in the 10th on David Ortiz‘s RBI double despite the fact that he should’ve been dead to rights at the plate. He avoided the tag — and missed home plate — but lunged back to the plate as Rays catcher Luke Maile dropped the ball. Pedroia also hit a homer. Oh, and Red Sox starter Eduardo Rodriguez struck out a career-high 13 in five and a third. At one point he and reliever Heath Hembree combined to strike out 11 consecutive batters. That’s a major league record. It’s also the sort of thing which should probably make the Rays petition the league to just let them go home and forfeit the last week of the season because, Jesus, what’s the point?

Orioles 2, Diamondbacks 1Hyun Soo Kim hit an early two-run homer and it held up. Dylan Bundy allowed the one run on three hits over five innings. Zach Britton got his 46th save.

Nationals 10, Pirates 7: Controversy here as Jung Ho Kang faked a tag on Bryce Harper, causing Harper to slide awkwardly which caused him to injure his thumb. Later, when Kang came up to bat he was buzzed by Nats pitcher A.J. Cole, leading to the benches clearing. So, apparently, faking a tag is a violation of the unwritten rules. Maybe someone should tell that to Derek Jeter and the million of other guys who have deked runners in the past:

Whatever the case, the Nats scored five runs in the eighth inning to come back from a deficit, powered by a Jayson Werth two-run homer which tied it along with two RBI singles and a bases loaded walk. Harper will have X-Rays on his thumb today to see how bad off he is.

Reds 4, Brewers 2Brandon Finnegan tossed five shutout innings to kick things off and Cincinnati built a 4-0 lead by the seventh inning. Finnegan only needed 54 pitches to get through five, but he game out as his leg tightened up following being hit with a comebacker in the second inning.

Mariners 4, Twins 3: Two homers for Nelson Cruz and one for Jesus Sucre. Seattle is two and a half behind Baltimore for the second Wild Card spot after going 12-5 in their last 17. Such and up and down team this year.

Astros 4, Angels 1: Joe Musgrove was strong and Evan Gattis, Tony Kemp and Tyler White homered. Houston is three back of Baltimore. They and Seattle can play the what-coulda-been game all winter.

Athletics 7, Rangers 1: The A’s avoid the sweep with a seven-run second inning that ended this one not long after it started. Jharel Cotton was strong once again, going seven innings while allowing one run. Since his callup in early September he’s allowed only four earned runs in 25 innings. The season highlight for the A’s is gonna be a midseason trade with the Dodgers to get Cotton.

Dodgers 4, Rockies 3: The Dodgers have had a load of highlights this year, including this walkoff win to clinch the NL West. Second baseman Charlie Culberson delivered the solo homer in the bottom of the 10th inning. Not that he was the only hero. The Dodgers were trailing 2-1 in the seventh when Corey Seager tripled in a run to tie the game. Rockies outfielder David Dahl gave Colorado the lead in the ninth with a solo home run off of Kenley Jansen. But Seager hit a game-tying solo shot in the bottom half of the ninth to send it to extras. What an exciting final game in Dodger Stadium for Vin Scully.

Padres 4, Giants 3: Manuel Margot tripled in the seventh inning and then scored the go-ahead run on Wil Myers‘ RBI single. The Giants were eliminated from division crown contention, and are hanging on by their fingernails in the Wild Card race after splitting a four-game set with San Diego.

Cubs 3, Cardinals 1: David Ross homered on the night he was given a touching tribute by the Cubs while Jon Lester tossed shutout ball into the seventh to pick up his 19th win. Ross got a nice sendoff when Joe Maddon came to lift Lester in the seventh. Rather than just pat Lester on the butt and let him walk off, he took Ross out of the game first, allowing him to leave to a standing ovation.

Braves vs. Marlins: POSTPONED: The time you won your town the race,
We chaired you through the marketplace;
Man and boy stood cheering by,
As home we brought you shoulder-high.

To-day, the road all runners come,
Shoulder-high we bring you home,
And set you at your threshold down,
Townsman of a stiller town.

Smart lad, to slip betimes away
From fields where glory does not stay
And early though the laurel grows
It withers quicker than the rose.

Eyes the shady night has shut
Cannot see the record cut,
And silence sounds no worse than cheers
After earth has stopped the ears:

Now you will not swell the rout
Of lads that wore their honours out,
Runners whom renown outran
And the name died before the man.

So set, before its echoes fade,
The fleet foot on the sill of shade,
And hold to the low lintel up
The still-defended challenge-cup.

And round that early-laurelled head
Will flock to gaze the strengthless dead,
And find unwithered on its curls
The garland briefer than a girl’s.

Red Sox set a new major league record with 11 strikeouts in a row

BALTIMORE, MD - SEPTEMBER 20: Starting pitcher Eduardo Rodriguez #52 of the Boston Red Sox works the first inning against the Baltimore Orioles at Oriole Park at Camden Yards on September 20, 2016 in Baltimore, Maryland. (Photo by Patrick Smith/Getty Images)
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Lost in the nifty base running by Dustin Pedroia that won Sunday’s game against the Rays, the Red Sox set a new major league record by striking out 11 batters in a row, per Peter Abraham of The Boston Globe. Starter Eduardo Rodriguez struck out the final six Rays he faced and reliever Heath Hembree struck out five Rays in a row after that. Tom Seaver had the previous consecutive strikeout streak of 10, set on April 22, 1970 against the Padres.

The Red Sox also set a team record with 23 strikeouts in total: 13 by Rodriguez, five by Hembree, one by Matt Barnes, and four by Joe Kelly. Per Abraham, that’s the most strikeouts in a 10-inning game since at least 1913 and the most in a game of any length since 2004.

For Rodriguez, Sunday marked the first double-digit strikeout game of his career. He has pitched quite well since returning to the rotation at the start of the second half. Over 13 starts, the lefty has a 3.10 ERA with a 70/23 K/BB ratio in 72 2/3 innings.