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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.

Tracking baseball’s “Naturals”

The Natural
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Rob Neyer has a great column in today’s New York Times in which he tracks the real life players who, at one time or another, were dubbed “The Natural.” A la Roy Hobbs in the book and movie of the same name.

There are some that a lot of people probably remember: Jeff Francoeur and Ken Griffey, Jr. as “The Natural” come to mind easily. There are some who I don’t ever recall being called “The Natural” but were, apparently, like Terry Pendelton and Karim Garcia. There are also some whose stories were far odder and far more tragic than any version of Hobbs’ tale (oh man, a Toe Nash sighting!). Then there’s Rick Ankiel, whose path may be the closest one to Hobbs’ of them all, at least broadly speaking.

Fun stuff that, in addition to being a walk down memory lane, is also an instructive lesson about how the power of narrative works in sports.

 

Sure, Carlos Gomez is the problem in Houston

Houston Astros' Carlos Gomez (30) reacts after hitting a double in the second inning of a baseball game against the Minnesota Twins, Tuesday, May 3, 2016, in Houston. (AP Photo/Eric Christian Smith)
Associated Press
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No one will claim that Carlos Gomez is playing up to his ability. He’s got a .634 OPS in the 65 games he’s played for the Astros between last year and this year. Not good at all.

Still, he seems to be taking an outsized amount of the blame for the Astros’ slow start to this year. I do a weekly radio hit on a Texas station and Gomez has been the talk for three weeks when the Astros’ troubles are mentioned. Today Brian T. Smith of the Houston Chronicle spends a whole column going at Gomez, with the usual dash of “you can’t be flamboyant if you can’t back it up” sentiment often given to players like Gomez when they struggle but which is seemingly never given to players whose act is more “tough guy.” Funny that.

More notable: nowhere in the column is it mentioned that, overall, the Astros’ offense is above league average and that, in reality, it’s the pitching that’s killing them. Gomez may not be carrying his weight, but his teammates in the lineup are for now, as teammates do for every hitter at one time of the year or another. Meanwhile, Smith doesn’t seem to be writing columns about how three of the Astros’ five starters have ERAs above 5.00 and how the bullpen has been a disaster. Gomez, however, gets a “Rally Killer” subheading in reference to his performance in a game his team actually won, primarily due to the offense.

There’s also an unfortunate quote in the article. Specifically, Smith quotes Gomez as saying “For the last year and this year, I not really do much for this team. The fans be angry. They be disappointed.”

I’m sure that’s what he said, but it’s hard to escape the conclusion that the quote’s imperfect English fits satisfyingly into a column designed to rip Gomez and that it’s going to play right into stereotyping a certain sort of reader who has just HAD it with those allegedly lazy, entitled Latino players likes to engage in. For the record, its not uncommon for other players whose grammar is less than perfect to get [the bracket treatment] to make the mistakes less noticeable. Or, if the quote is less than clear or enlightening, to get the paraphrasing treatment and have his sentiment conveyed in keeping with the intent of the sentiment. I guess Gomez doesn’t get that treatment. He gets to be portrayed in such a way that a certain sort of reader will unfortunately interpret as him being too dumb or too lazy to learn proper English or something.

And no, it’s not just sensitive old Craig noticing that:

Empathy is the key word here, I think. Smith as no interest in portraying Gomez as a player who, like all players, struggles from time to time. He has to be the bad guy who is responsible for all of the Astros’ woes, it seems.

Puerto Rico official calls MLB’s likely series cancellation “an act of touristic terrorism”

Ricardo Arduengo -- Associated Press
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On Tuesday it was reported that Major League Baseball is on the verge of cancelling the upcoming series in Puerto Rico between the Marlins and the Pirates due to Zika concerns. Puerto Rico is not particularly pleased with that.

As this story from the Pittsburgh Tribune-Review makes clear, their displeasure is being expressed in totally calm and rational terms:

“It’s an outrageous situation,” Rep. Angel Matos, head of the tourism commission for Puerto Rico’s House of Representatives, told the Tribune-Review. “The reality is that this cancellation is unfair, disproportionate, and makes our country look bad. It’s an act of touristic terrorism.”

I will grant that a cancellation wouldn’t be great for Puerto Rico. I will also grant that an expert cited in the same article claims that the odds of any players contracting Zika are very, very long. Indeed, he compares it to someone hitting 20 homers in a single game. Which, sure, Giancarlo Stanton is involved here so you can never totally rule it out, but it’s super unlikely.

But MLB, the union and the players involved aren’t in the business of dealing with the probability of disease contraction. They’re dealing with a bunch of players being really nervous about something vs. a two-game series in May that, while carrying big meaning for Puerto Rico, is sort of meaningless to them in a lot of ways, even if they won’t say so publicly. They’re weighing this a lot differently than tourism commission executives.

My guess is that it still gets cancelled. My guess is that, even if it does, Puerto Rico will survive this act of alleged “touristic terrorism.”

Yasiel Puig caught a big fish

Los Angeles Dodgers' Yasiel Puig looks to the dugout for signs as he steps out of the batter's box while facing Colorado Rockies starting pitcher Jordan Lyles in the first inning of a baseball game, Sunday, April 24, 2016, in Denver. Puig drew a walk, the first of three in a row yielded by Lyles. (AP Photo/David Zalubowski)
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I know I’m in the tank for Puig and have been for years now, but it’s a pretty fun tank so I don’t care.

Lately I’ve been taken with his hashtag game. Last week we encountered #PuigYourFriend. This one is not as good, but #PuigHungry is pretty solid too.

I just hope this isn’t ruined by word that he’s hired some social media professional to curate his feed. It’s possible and maybe likely, but I just don’t want to hear about it if it’s the case: