Alex Rodriguez Reuters

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.

Mike Scioscia will return as Angels manager in 2016

ANAHEIM, CA - JULY 21:  Manager Mike Scioscia #14 of the Los Angeles Angels of Anaheim in the dugout during batting practice before a game against the Minnesota Twins at Angel Stadium of Anaheim on July 21, 2015 in Anaheim, California.  (Photo by Jonathan Moore/Getty Images)
Photo by Jonathan Moore/Getty Images

It was assumed already, but Mike Scioscia made it official during Monday’s press conference for new general manager Billy Eppler that he will return as Angels manager in 2016.

Scioscia, the longest-tenured manager in the majors, has been at the helm with the Angels since 2000. There was a clause in his contract which allowed him to opt out after the 2015 season, but he has decided to stay put. He still has three years and $15 million on his contract, which runs through 2018.

Jerry Dipoto resigned as Angels general manager in July amid tension with Scioscia, so there were naturally questions today about what to expect with first-time GM Eppler in the fold. According to David Adler of, Scioscia isn’t concerned.

“I think we’re going to mesh very well,” Scioscia said. “If we adjust, or maybe he adjusts to some of the things, there’s going to be collaboration that’s going to make us better.”

Eppler is the fourth general manager during Scioscia’s tenure with the team.

After winning the AL West last season, the Angels finished 85-77 this season and narrowly missed the playoffs. The team hasn’t won a postseason game since 2009.

Carlos Gomez says he’ll be in lineup for Wild Card game vs. Yankees

Houston Astros' Carlos Gomez hoops after scoring a run against the Texas Rangers in the eighth inning of a baseball game Sunday, Sept. 27, 2015, in Houston. Gomez scored from third base on a Bobby Wilson passed ball. The Astros won 4-2. (AP Photo/Pat Sullivan)
AP Photo/Pat Sullivan

Astros center fielder Carlos Gomez sat out the final series of the regular season in order to rest a strained left intercostal muscle, but there was good news coming out of a workout today in advance of Tuesday’s Wild Card game vs. the Yankees.

This has been a lingering issue for Gomez, who missed 13 straight games with the injury last month. He aggravated the strain on a throw to home plate last Wednesday and was forced to sit while the Astros fought to keep their season alive. Astros manager A.J. Hinch told reporters last week that Gomez’s injury would typically take 45-50 days to recover from, so it’s fair to wonder how productive he can be during the postseason.

Gomez mostly struggled after coming over from the Brewers at the trade deadline, batting .242 with four home runs and a .670 OPS over 41 games.