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.

Odubel Herrera went 0-for-5 with five strikeouts today

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Did you have a bad day? It’s OK. We all do sometimes. It’s just part of life. Even ballplayers have bad days. Even the good ones.

Odubel Herrera is a good one. He’s only 25, but he’s already got two seasons of above average hitting under his belt. Dude gets on base. He could be a regular for tons of teams, so there’s no shame at all in him having a bad day. And boy howdy did he have a bad day today. He went 0-for-5 with five strikeouts in the Phillies extra innings win against the Rockies.

“I feel that I am making good swings but I’m just missing the pitches,” Herrera said.

Well, that is how strikeouts work.

Four strikeouts in a game is known as a Golden Sombrero. Players don’t strike out five times in a game very often so they don’t have an agreed upon name, but I’ve seen it referred to as the “platinum sombrero,” which seems pretty solid for such a feat. Six is a titanium sombrero or a double platinum sombrero, though there are references to it as a “Horn,” for Sam Horn, who deserves something to be named in his honor. Horn is like Moe Greene — a great man, a man of vision and guts — yet there isn’t even a plaque, or a signpost or a statue of him!

But I digress.

The last time a Phillies player did it was when Pat Burrell K’d five times in September 2008. The Phillies won the World Series that year, of course, so maybe this is an omen. [looks at standings] Or maybe not.

Anyway, get a good night’s sleep tonight, Odubel. Shake it off. Tomorrow is another day.

Rachel Robinson to receive O’Neil Award from the Hall of Fame

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NEW YORK (AP) Rachel Robinson will receive the Buck O’Neil Lifetime Achievement Award from baseball’s Hall of Fame on July 29, the day before this year’s induction ceremony.

She’s the wife of late Hall of Famer Jackie Robinson, who broke the major league color barrier in 1947. Rachel Robinson created the Jackie Robinson Foundation in 1973, a year after he husband’s death. Rachel Robinson, who turns 95 in July 19, headed the foundation’s board until 1996.

The O’Neil award was established in 2007 to honor individuals who broaden the game’s appeal and whose character is comparable to that of O’Neil. He played in the Negro Leagues, was a scout for major league baseball teams and helped establish the Negro Leagues Baseball Museum in Kansas City, Missouri.

The award was given to O’Neil in 2008, Roland Hemond in 2011 and Joe Garagiola in 2014.