Alex Rodriguez Reuters

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.

Settling the Scores: Memorial Day edition

ARLINGTON, VA - MAY 21:  American flags are shown after being placed by members of the 3rd U.S. Infantry Regiment at the graves of U.S. soldiers buried at Arlington National Cemetery, in preparation for Memorial Day May 21, 2015 in Arlington, Virginia. "Flags-In" has become an annual ceremony since the 3rd U.S. Infantry Regiment (The Old Guard) was designated to be an Army's official ceremonial unit in 1948  (Photo by Win McNamee/Getty Images)
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Memorial Day commemorates the men and women who died in military service. At some point in the past couple of decades, however, it has become an all-purpose flag-waving, patriotism-declaring, civilians-in-camouflage holiday. It’s understandable why this is the case. We, as a country, haven’t always done mourning well. I think it’s part of our national cultural DNA that we don’t and it’s not necessarily a bad thing, but it does make days like this difficult.

I feel like the flag-waving and troop-supporting stuff is some sort of subconscious reaction to death. It’s our way of instantly trying to justify those deaths or to explain how they were not in vain, much the same way we might tell someone upon the death of a loved one that they’re in a better place or that they had a full life. Feeling the pain of loss is hard. We want to soften it in any way we can and make our pain serve a larger, better purpose. And so we get today, when Major League Baseball puts its players in camouflage caps and in jerseys with camouflage logos. They’ll sell them too, with proceeds going to good and noble veterans charities. The intent is noble and the ultimate effect of it all is beneficial. But it’s also a little beside the point. Maybe not beside the point as much as mattress sales or big celebratory barbecues which have come to characterize Memorial Day for so many, but still not exactly the purpose of the holiday.

I don’t condemn it. As I wrote last year, the men and women who actually fought and died in wars were hoping that they were, ultimately, making a better and happier world for those they left behind. And they no doubt hoped, among everything else they hoped, that others didn’t have to face what they were facing. They wanted our lives to be happy and our country to be safe and part of a happy and safe country involves 300 million people doing whatever it is they damn please, even if it’s just having barbecues and wearing camo at the ballpark.

I won’t say have a happy Memorial Day because that seems odd. Have any kind of Memorial Day you want, really, even if it includes barbecuing, drinking beer and wearing a cam ballcap. But as you do, please make sure you take some time to think about those who died in military service. And remember that they didn’t get to have as many days like the one you’re having as they were meant to have. And make at least some effort to offset your happy, patriotic or silly pursuits with some mourning and reflectiveness. It’s OK for that to stand on its own.

The scores:

Red Sox 5, Blue Jays 3
Orioles 6, Indians 4
Yankees 2, Rays 1
Nationals 10, Cardinals 2
Brewers 5, Reds 4
Royals 5, White Sox 4
Cubs 7, Phillies 2
Rangers 6, Pirates 2
Astros 8, Angels 6
Athletics 4, Tigers 2
Twins 5, Mariners 4
Giants 8, Rockies 3
Diamondbacks 6, Padres 3
Marlins 7, Braves 3
Dodgers 4, Mets 2

 

Should Dave Roberts have taken Clayton Kershaw out of Sunday’s game?

NEW YORK, NY - MAY 29:  Clayton Kershaw #22 of the Los Angeles Dodgers delivers a pitch in the first inning against the New York Mets at Citi Field on May 29, 2016 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Elsa/Getty Images)
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Dodgers manager Dave Roberts will likely be second-guessed heavily during tomorrow’s news cycle. Starter Clayton Kershaw had pitched a terrific ballgame, as is his tendency, but with 114 pitches to his name, Roberts decided to pull him from the game in the eighth inning with two outs and a runner on first base.

Roberts opted not for closer Kenley Jansen, who hasn’t pitched since Wednesday, but for another lefty in Adam Liberatore. He was playing the numbers, with the left-handed-hitting Curtis Granderson coming up. Liberatore, much to Roberts’ chagrin, served up what turned out to be a game-tying triple to Granderson, hitting a rocket to right-center just out of the reach of a leaping Yasiel Puig.

Jansen has, for six years, been one of the game’s elite relievers. Kershaw, though at a high pitch count, doesn’t seem to suffer from the times through the order penalty like most pitchers. Kershaw’s opponents’ OPS facing him for the first time was .525 coming into Sunday. Twice, .597. Three times, .587. Four times, .526 (but this suffers from survivorship bias so it’s not exactly representative).

Furthermore, Kershaw held lefties to a .546 OPS over his career. Liberatore, in 99 plate appearances against lefty hitters, gave up a .575 OPS. Jansen? .560. It seems that, faced with three decisions, Roberts arguably made the worst one. Playing conservative with Kershaw at 114 pitches is defensible, but only if Jansen comes in. If Roberts wanted the platoon advantage, Kershaw should have stayed in.

Luckily for the Dodgers, Mets closer Jeurys Familia didn’t have his best stuff. He loaded the bases with one out in the top of the ninth on a single and two walks, then gave up a two-run single to Adrian Gonzalez, giving the Dodgers a 4-2 lead. Jansen came on in the bottom half of the ninth and retired the side in order to pick up his 15th save of the season.

Royals sweep White Sox over the weekend on three late rallies

KANSAS CITY, MO - MAY 28:  Brett Eibner #12 of the Kansas City Royals celebrates his game-winning RBI single with teammates in the ninth inning against the Chicago White Sox at Kauffman Stadium on May 28, 2016 in Kansas City, Missouri. The Royals won 8-7. (Photo by Ed Zurga/Getty Images)
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The Royals had themselves a pretty good weekend. The quickly fading White Sox, not so much.

On Friday, the Royals fell behind 5-1 after the top of the sixth. They would score once in the bottom of the sixth, four times in the seventh, and once in the eighth to steal a 7-5 win facing pitchers Miguel Gonzalez Dan Jennings, Matt Albers, Zach Duke and Nate Jones.

On Saturday, the Royals entered the bottom of the ninth down 7-1. They scored seven runs on closer David Robertson and Tommy Kahnle to win 8-7.

On Sunday, the Royals were down 4-2 after the top of the eighth. They plated three runs in the bottom half of the eighth against Jones and Albers, going on to win 5-4.

Coming into the weekend, the Royals were 24-22 in third place. The White Sox were 27-21, a half-game up in first place. Now the Royals are in first place by a game and a half, and the White Sox are in third place, two games out of first.

Here’s video of the Royals’ comeback on Saturday, since it was so unlikely:

Report: Ryan Braun is “the hot name out there”

ATLANTA, GA - MAY 24: Ryan Braun #8 of the Milwaukee Brewers waits to hit during the first inning against the Atlanta Braves at Turner Field on May 24, 2016 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
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In Saturday’s column for The Boston Globe, Nick Cafardo notes that, according to a scout, Brewers outfielder Ryan Braun is “the hot name out there.” Braun has been bothered by neck and back issues this year, missing on Sunday his eighth start out of the Brewers’ last 14 games, but he has still put up a quality .351/.424/.583 triple-slash line in 170 plate appearances this year.

More importantly for an acquiring team, Braun is in the first year of a five-year, $105 million contract. He’s earning $19 million this season and in the ensuing two seasons, and then his salary decreases slightly to $18 million in 2019, $16 million in 2020, and $15 million if both sides pick up his mutual option (else a $4 million buyout would be exercised).

Per Cafardo, the Astros, Cardinals, Red Sox, Phillies, Mets, Giants, and White Sox are potential landing spots for Braun.