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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.

Blue Jays place Tulowitzki on DL with right quad strain

TORONTO, CANADA - MAY 27: Troy Tulowitzki #2 of the Toronto Blue Jays is hit by pitch in the sixth inning during MLB game action against the Boston Red Sox on May 27, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
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TORONTO (AP) The Toronto Blue Jays have placed Troy Tulowitzki on the 15-day disabled list with a right quad injury.

An MRI before Saturday’s game against the Boston Red Sox revealed a low-grade strain, and Tulowitzki will receive treatment on the leg before resuming baseball activities.

“I think I needed more time to get over the hump,” he said. “There was a couple things that made me realize that I wasn’t myself out there. I just felt it too many times.”

Tulowitzki was injured stealing second in New York against the Yankees on Tuesday. He came out of that game, and after sitting out the remainder of the series, he returned for Friday night’s home game against the Red Sox but was ineffective, going 0-for-4 with four strikeouts and showing limitations in his movement in the field.

“It’s tough,” Tulowitzki said. “You could rest it and maybe get better in a week or so, but then you have to play with a man down, and that’s not the right thing to do either, so that was the decision.”

He is batting .204 this season, with eight home runs and 23 RBIs. Ryan Goins and Darwin Barney are expected to split time at shortstop until Tulowitzki returns.

The Blue Jays called up left-handed reliever Aaron Loup to take Tulowitzki’s spot on the roster. Loup, who has yet to play this season, has been recovering from a forearm strain in his pitching arm and just completed a rehab assignment with Triple-A Buffalo.

Mets acquire James Loney from the Padres

LAKE BUENA VISTA, FL - MARCH 14:  James Loney #21 of the Tampa Bay Rays swings at a pitch during the first inning of a spring training game against the Atlanta Braves at Champion Stadium on March 14, 2016 in Lake Buena Vista, Florida.  (Photo by Stacy Revere/Getty Images)
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The Mets have acquired first baseman James Loney from the Padres in exchange for cash, ESPN’s Adam Rubin reported on Saturday afternoon. The Mets’ interest in Loney was first reported on Tuesday after learning that Lucas Duda would be out “a while” with a stress fracture in his back.

Loney, 32, has spent the entirety of the 2016 season with Triple-A El Paso in the Padres’ system. He hit .342/.373/.424 with two home runs and 28 RBI in 169 plate appearances.

Rubin suggests Loney could platoon at first base with Wilmer Flores, who is expected to return from the disabled list soon.

Braves place SS Aybar on DL with bruised foot, recall Blair

ATLANTA, GA - MAY 25:  Erick Aybar #1 of the Atlanta Braves reacts after finding gum in his glove from a prank by teammates between the seventh and eighth inning against the Milwaukee Brewers at Turner Field on May 25, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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ATLANTA (AP) The Atlanta Braves have placed shortstop Erick Aybar on the 15-day disabled list with a bruised right foot.

Aybar left Friday night’s game in the fifth, one inning after he was hit by a pitch from Miami’s Adam Conley. The Braves said Friday night that X-rays were negative.

Aybar, acquired as part of the offseason deal that sent shortstop Andrelton Simmons to the Los Angeles Angels, is hitting .182.

Daniel Castro is starting at shortstop in Saturday’s game against the Marlins.

In a corresponding move, the Braves recalled right-hander Aaron Blair from Triple-A Gwinnett to start Saturday’s game.

Red Sox move Clay Buchholz to the bullpen

BOSTON, MA - MAY 26:  Clay Buchholz #11 of the Boston Red Sox is relieved during the sixth inning against the Colorado Rockies  at Fenway Park on May 26, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox manager John Farrell announced Friday that Clay Buchholz has been moved to the bullpen.

Buchholz was lit up for six runs on Thursday in just the latest poor outing in a year full of them thus far. His ERA now sits at a lofty 6.35 and he is posting a career low strikeout rate of 5.9 per nine innings while both his walk rate and his home run rates have spiked. His WHIP — 1.465 — is the worst he’s posted since 2008.

Eduardo Rodriguez will take his place in the rotation when he comes off the disabled list. He’ll get what would have been Buchholz’s next start on Tuesday.

According to the depth chart, Buchholz was the Red Sox’ second starter. He’s been their worst starter by far this year, however, and now he’s likely a long man who will be seeing mopup duty for the foreseeable future.