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.

Mariners interested in free agent outfielder Nori Aoki

AP Photo/Ben Margot
Leave a comment

New Mariners general manager Jerry Dipoto has kept pretty busy in his short time on the job and Bob Dutton of the Tacoma News Tribune reports that free agent outfielder Nori Aoki could be his next target. The club recently pursued a trade for Marlins outfielder Marcell Ozuna, but the asking price has them looking at alternatives.

Aoki, who turns 34 in January, has hit .287 with a .353 on-base percentage over four seasons since coming over from Japan. He was having a fine season with the Giants this year prior to being shut down in September with lingering concussion symptoms.

The Giants decided against picking up Aoki’s $5.5 million club option for 2016 earlier this month, but he should still do pretty well for himself this winter assuming he’s feeling good.

Report: Johnny Cueto is believed to be looking for a $140-160 million deal

AP Photo/Matt Slocum
Leave a comment

It was reported Sunday that free agent right-hander Johnny Cueto had turned down a six-year, $120 million contract from the Diamondbacks. He’s hoping to land a bigger deal this winter and ESPN’s Jerry Crasnick has heard some chatter about what he’s looking for.

Jordan Zimmermann finalized a five-year, $110 million contract with the Tigers today, which works out to $22 million per season. Arizona’s offer to Cueto checked in at $20 million per season. A six-year offer to Cueto at the same AAV (average annual value) as Zimmermann would put him at $132 million, which is still a little shy of the figure stated by Crasnick. Of course, Cueto owns a 2.71 ERA (145 ERA+) over the last five seasons compared to a 3.14 ERA (123 ERA+) by Zimmermann during that same timespan, so there’s a case to be made that he should get more. Still, he’s the clear No. 3 starter on the market behind David Price and Zack Greinke.

CBS Sports’ Jon Heyman reports that the Dodgers, Giants, Red Sox, and Cubs are among the other teams who have interest in Cueto. One variable in his favor is that he is not attached to draft pick compensation, as he was traded from the Reds to the Royals during the 2015 season.

Report: Around 20 teams have contacted the Braves about Shelby Miller

AP Photo/John Bazemore
Leave a comment

The rebuilding Braves have already been active on the trade market and they might not be done, as CBS Sports’ Jon Heyman reports that right-hander Shelby Miller has been a very popular name. In fact, around 20 teams have checked in.

Nothing is considered close and the Braves have set a very high asking price, mostly centered around offense. They asked for right-hander Luis Severino in talks with the Yankees and would expect outfielder Marcell Ozuna among other pieces from the Marlins. The Diamondbacks and Giants are among the other interested clubs.

Miller is under team control through 2018, so there’s not necessarily a sense of urgency to move him, but anything is possible with the way the Braves are doing things right now. The 25-year-old is coming off a year where he went 6-17, but that was about really rotten luck more than anything else, as he had a fine 3.02 ERA and 171/73 K/BB ratio over 205 1/3 innings. The Braves gave him the worst run support of any starter in the majors.

Mets expected to tender a contract to Jenrry Mejia

NEW YORK, NY - JULY 12:  Jenrry Mejia #58 of the New York Mets reacts as he walks off the field after getting the final out of the seventh inning against the Arizona Diamondbacks at Citi Field on July 12, 2015 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Jim McIsaac/Getty Images)
Photo by Jim McIsaac/Getty Images

Jenrry Mejia appeared in just seven games this past season due to a pair of suspensions for performance-enhancing drugs, but Adam Rubin of ESPN New York reports that the Mets are expected to tender him a contract for 2016.

While the Mets were vocal about their disappointment in Mejia’s actions, it makes sense to keep him around as an option. Had he played a full season in 2015, he would have earned $2.595 million. He’s arbitration-eligible for the second time this winter and figures to receive a contract similar to his 2015 figure, but he’ll only be paid for the games he plays. He still has 100 games to serve on his second PED suspension, which means that he’ll only be paid for 62 games in 2016. This likely puts his salary closer to $1 million, which is a small price to pay for someone who could prove useful during the second half and beyond. He also won’t count toward the team’s 40-man roster until he’s active.

Mejia, who turned 26 in October, owns a 3.68 ERA in the majors and saved 28 games for the Mets in 2014. He’s currently pitching as a starter in the Dominican Winter League.