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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.

The White Sox wanted Astros’ top prospects for Jose Quintana

CHICAGO, IL - AUGUST 27:  Jose Quintana #62 of the Chicago White Sox pitches against the Seattle Mariners during the first inning at U.S. Cellular Field on August 27, 2016 in Chicago, Illinois.  (Photo by Jon Durr/Getty Images)
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The Astros, Braves and Nationals came sniffing around White Sox left-hander Jose Quintana during the Winter Meetings, but each appeared to find the Sox’ asking price well beyond what they were willing to give up for the starter. On Saturday, Peter Gammons revealed that the White Sox had floated Francis Martes, Kyle Tucker and Joe Musgrove as a possible return for Quintana.

It’s a strategy that worked well for Chicago in the past, most recently when they dealt Chris Sale to the Red Sox for Yoan Moncada and Michael Kopech, among others, and flipped Adam Eaton to the Nationals for a trio of pitching prospects. Astros’ GM Jeff Luhnow didn’t appear eager to sacrifice some of his core talent to net a high-end starter, however, and told the Houston Chronicle’s Jake Kaplan as much on Wednesday:

We’re prepared to trade players to improve our club right now. […] We’re just not prepared to trade away players that are core to our production in 2017, and those are sometimes the players that are required to get these deals done.

While Lunhow was speaking specifically to the inclusion of third baseman Alex Bregman in future deals, it’s not unrealistic to think that top prospects Francis Martes and Kyle Tucker would also be considered instrumental to the Astros’ plans for the next few seasons.

Martes, 21, currently sits atop the team’s top prospect list on MLB.com. The right-hander blazed through his first full season in Double-A Corpus Christi, posting a 3.30 ERA and career-best 9.4 K/9 over 125 1/3 innings in 2016. Tucker, meanwhile, profiles as the Astros’ second-best prospect and made a successful jump to High-A Lancaster last season, slashing .339/.435/.661 in 69 PA. Rookie right-hander Joe Musgrove is the only player left off the top prospect list, but he got off to a decent start with the club in 2016 as well, going 4-4 with a 4.06 ERA and 3.44 K/BB rate in 62 innings during his first major league season.

Daniel Szew: “Landa was a leader, happy-go-lucky guy”

FORT MYERS, FL - MARCH 1:  Yorman Landa #81 of the Minnesota Twins poses for a photo during the Twins' photo day on March 1, 2016 at Hammond Stadium in Ft. Myers, Florida.  (Photo by Brian Blanco/Getty Images)
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Twins’ right-handed pitching prospect Yorman Landa passed away in a tragic car accident on Friday night, per a team statement. According to Mike Berardino of the Pioneer Press, 22-year-old Landa was in the passenger seat of the vehicle when it struck a fallen tree.

Daniel Szew, Landa’s agent, spoke highly of the young pitcher, who was one of his first clients back in 2010. Szew acknowledged Landa for helping him expand his company, LA Sports Management, and referred to the late pitcher as a leader and his “little brother.”

Per Berardino:

He was very even-keeled,” Szew said. “That was his personality. He wasn’t wild. That’s why this is so tragic. He wasn’t a wild guy. He was a happy-go-lucky guy who took life as it came, and he was super happy — always happy.

If leadership was one facet of Landa’s personality, so was loyalty. The 22-year-old agreed to a minor league contract with the Twins on Tuesday after getting cut from the 40-man roster, fulfilling a promise to re-sign with the club despite fielding multiple offers from competing teams. The deal included an invite to spring training, and comments from his agent suggested that the right-hander was “super confident” he’d break through to the major leagues in 2017, notwithstanding a troublesome shoulder injury that hampered his progress in High-A Fort Myers during the 2016 season.

“He never wanted to leave,” Szew told Berardino. “It was the only organization he ever knew.”

Our condolences go out to Landa’s family and the Twins organization during this terrible time.