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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.

MRI reveals minor right ankle sprain for Cubs’ Kris Bryant

Chicago Cubs' Kris Bryant warms up before Game 3 of the National League baseball championship series against the New York Mets Tuesday, Oct. 20, 2015, in Chicago. (AP Photo/Charles Rex Arbogast)
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CHICAGO (AP) An MRI has confirmed that Kris Bryant of the Chicago Cubs has a minor right ankle sprain.

The 2015 NL Rookie of the Year wasn’t in the lineup Friday against the Atlanta Braves, but manager Joe Maddon said he might be available off the bench late in the game.

Bryant was injured running the bases in the third inning Thursday of Chicago’s 7-2 victory over the Milwaukee Brewers. He was replaced in left field two innings later.

The Cubs avoided putting another starter on the disabled list. Catcher Miguel Montero was placed on the 15-day DL on Thursday with a sore back. Chicago lost slugger Kyle Schwarber for the season when he tore two knee ligaments three weeks ago in Arizona.

Yasiel Puig welcomes Jared Goff to Los Angeles

Los Angeles Dodgers' Yasiel Puig smiles as he warms up throwing the baseball during a spring training baseball workout Friday, Feb. 26, 2016, in Glendale, Ariz. (AP Photo/Ross D. Franklin)
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Jared Goff, the University of California Quarterback, was selected by the Los Angeles Rams as the first overall pick of last night’s draft. Not a bad thing to happen, to the man. He’s going to be rich! He’s going to be even more famous! He’s going to be the face of the NFL’s move back into the nation’s second largest city!

The only problem is that he’s not always been a fan of all things Los Angeles. For example, three years ago he took issue with Yasiel Puig for reasons that I’m guessing everyone has forgotten:

But no worries. Puig has both forgotten and forgiven. He even sent out a warm welcome to the new Angelino this afternoon:

#PuigYourFriend has to the best hashtag in the history of Twitter.

 

Someone stole a 14-foot tall Kansas City Royals Player

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Not a real one. If there was a real 14-foot tall baseball player we would’ve heard more about him, I presume. Also, since he’s 14-feet tall and only weighs 150 pounds, he’d probably be in the hospital hooked up to IVs and things because that’s just not healthy.

This is a fake one — a 3D figure — for use on a billboard in Kansas City off of I-435. Thieves came in the night and took him off the sign on Wednesday night. This morning, however, he was found:

And he is home:

Kansas City’s long, little-over-a-day nightmare is over.

(h/t to SB Nation who has a lot more on this)

People are getting hysterical over Dee Gordon’s positive test

FILE - This April 3, 1972 file photo shows Marvin Miller, executive director of the Major League Baseball Players Association, talking to reporters in New York. Miller, the union leader who created free agency for baseball players and revolutionized professional sports with multimillion dollar contracts, died Tuesday, Nov. 27, 2012 in New York. He was 95. (AP Photo/File)
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A dude testing positive for PEDs and getting suspended for 80 games should, actually, be taken as a sign that the system, however imperfect, still largely works. But the world of baseball can’t stop to acknowledge that. No, this is apparently a crisis. A crisis so dire that decades of labor developments apparently need to be scuttled.

That’s the message I’m getting from some folks in baseball media, anyway. Take this for example:

There’s a LOT going on there. For one thing, a casual dismissal of just how massively significant the concept of the guaranteed contract is in baseball. Marvin Miller is always cited as the man who brought the players free agency, but free agency would not have been valuable at all if teams could just void contracts. Just look at how the NFL and its phony salary numbers work. Miller and the MLBPA worked insanely hard to put that system in place and it’s insanely valuable to union membership. It’s not hyperbole to say that any movement on the part of the union to compromise the notion of guaranteed contracts would represent a complete and total repudiation of decades of its own work, and suggesting that it do so because we still get 5-7 PED suspensions a year is preposterous.

Then look at the word “option” there. Abraham wouldn’t have contracts be automatically voided. He’d only have them be voided at the option of an owner. This would give teams tremendous power to get out of bad deals and would give them no risk with respect to PED guys who happen to be on team friendly deals. If contracts were automatically void, underpaid players like Madison Bumgarner would have MASSIVE incentives to use PEDs. If they were merely voidable at the whim of the owner, the owners would have incentives with respect to drug testing other than making the game a clean one.

Finally, note how Abraham puts this all on the MLBPA. He’s not alone in this, as Buster Olney has been tweeting and writing all morning about what the union should and should not be doing to solve this problem. Obviously the union has a huge role as its players are the ones taking drugs, but to suggest that the union be the police force here and that it’s wholly incumbent upon it to solve this problem is silly.

For one thing, as I noted earlier today, a union’s purpose is to protect its members, not police them. To demand that they police them, to the point of undercutting some of their most important protections due to a disciplinary matter, is to turn the concept of a union on its head.

For another thing, as we learned throughout the height of the PED Era, ownership is not totally innocent when it comes to the permeation of PEDs in the game. The people who run baseball play a huge role in shaping the incentive structure of the game which causes some players to cheat. They are thus just as invested in and in just as good a position to help solve the problem at hand as the players are. They cannot, as these reporters would have them, sit back and demand that the MLBPA disembowel itself in order to eliminate PEDs from the game. It has to be a joint effort. Indeed, the drug rules in baseball have the word “JOINT” in the very title. It ain’t a Cheech and Chong reference, I can tell you that.

All of this reveals a certain hysteria that has always permeated the PED discussion in baseball coming to the fore once again. While they once ruled the game, PEDs are a relatively small problem now, comparatively speaking (note: neither Abraham nor Olney bother to establish that they’re actually a big problem or that things are getting worse; they merely assert it and assume it). A problem which, like drugs and cheating in every other walk of life, cannot be wholly eliminated and should not be ignored, but which can be and generally is effectively managed.

Yet here we are with two of the more influential voices in the game — and many others I’ve seen already today but didn’t bother to link here — pushing the panic button and demanding the ridiculous with no basis whatsoever. What is it about this subject, in this sport only, of course, that makes people lose their frickin’ minds?