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.

And That Happened: Wednesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Dodgers 8, Mets 2Yasmani Grandal hit two solo homers, but it was Yasiel Puig‘s three-run homer in the bottom of the fourth which padded the Dodgers’ lead to 5-1 and essentially ended the competitive portion of the ballgame. It started the cranky portion, however, as Puig admired the blast and took a slow trot which caused several Mets players to chirp at him. After the game Wilmer Flores said this of Puig:

“I don’t think he knows what having respect for the game is. We’re playing horrible right now, we don’t need his  sh–.”

I haven’t seem a Wilmer so testy since the last time I watched “The Maltese Falcon.” I dunno, Wilmer. Maybe play better? The Mets have dropped six of seven. The Dodgers have won six straight and 12 of 13.

Mariners 7, Tigers 5: Elsewhere in unwritten rules land, Jarrod Dyson bunted to break up Justin Verlander‘s perfect game in the sixth. Unlike the Mets, no one with the Tigers took exception with it. Probably because it sparked a three-run rally for the M’s which put them back in the ballgame. Nelson Cruz drove in two that inning with a double and three overall. Mitch Haniger homered.

Marlins 2, Nationals 1: I wrote this one up in detail here. Short version: Max Scherzer loses both the no-hitter and the game in the eighth inning. Guess it wasn’t a good day for taking no-hitters deep in the game for current and/or former members of the Tigers rotation. I know he’s on the DL now, but please, someone check on Drew Smyly.

Rays 8, Reds 3Trevor Plouffe and Taylor Featherston homered. Steven Souza and Logan Morrison each drove in two runs. A really long rundown happened too, nabbing Billy Hamilton. It took five throws and an outfielder made the putout. I can’t find a real time video of it from MLB, but this is pretty funny. The lighted dot in the top is Mallex Smith, who came a long way in from left to finally make the play:

Royals 6, Red Sox 4: Down 4-2 in the bottom of the eighth, the Royals loaded the bases and Sal Perez smacked a grand slam. He used one of Miguel Cabrera‘s bats to do it too. Miggy had given the bat to Drew Butera who gave it to Perez. Thanks to the blast, the Royals moved three games ahead of Detroit for third place in the Central. Thanks, Miggy!

Cardinals 7, Phillies 6: Rather than quickly recap the details of a very ugly Phillies loss, I’m gonna just send you to Bill’s recap of this game from late last night. Bill, a Phillies fan, does not spare a detail here, even though every part of him probably wanted to forget this game even happened. It’s sort of like one of those morbidity and mortality reports they make doctors give after patients die. Sure, you’d like to put it all behind you, but there is a value in hashing out all of the horrible mistakes. Doing so makes doctors better in the long run. I’m not sure what Bill is getting out of this. Either way, his patient is dead on a slab.

Padres 3, Cubs 2Erick Aybar hit a home run to things up at two in the sixth inning and Luis Torrens walked with the bases loaded against Koji Uehara to put the Pads ahead in the eighth. Torrens wouldn’t have even been playing if it weren’t for the fact that Austin Hedges was hurt and if it wasn’t for Antony Rizzo’s bad slide the other night, Hedges wouldn’t have been hurt. Some folks might call that karma.

Indians 5, Orioles 1: Carlos Carrasco struck out 10 in six shutout innings, scattering seven hits. Francisco Lindor homered and drove in three. Cleveland has won seven of eight. Baltimore has lost 10 of 14 and have allowed at least five runs in 18 consecutive games. That’s two short of the major league record set by the 1924 Philadelphia Phillies.

Yankees 8, Angels 4Didi Gregorius and Matt Holliday each homered as the Yankees end a seven game losing streak. Despite the win, the Yankees still got the now de rigueur terrible outing from Tyler Clippard, who came into a six-run game in the ninth inning and promptly gave up a double and a two-run homer, causing Joe Girardi to go to Aroldis Chapman despite it not being a save situation. That homer was by Martin Maldonado. He hit two in the game, in fact.

Braves 5, Giants 3Matt Kemp hit a two-run walkoff homer in the 11th inning to give the Braves the win. Matt Adams hit a two-run homer and Tyler Flowers went deep as well. It was the Braves 12th walkoff win. That leads the bigs this year.

Blue Jays 7, Rangers 5: The Jays jumped out to a 6-o lead in the first inning and built it to 7-0 after three. That’s all the scoring they’d do, but it was enough even though the Rangers made it close. Darwin Barney hit a two-run homer in that first frame. The most exciting play of the game, however, was Joey Gallo hitting an inside the park homer:

He was aided, of course, by Steven Pearce losing the ball, slamming into the wall and falling, but an inside-the-park dong is an inside-the-park dong.

Brewers 4, Pirates 3: Down 3-2 in the seventh, Domingo Santana jacked a two-run homer to give the Brewers the lead and the win. Later, Orlando Arcia made a great defensive play to end the game. It only shows up as a 6-3 putout in the box score, but it was dang spiffy:

Twins 4, White Sox 2: The young stars lead the Twins to victory: Jose Berrios allowed two runs over eight innings, striking out eight and Miguel Sano homered for the second straight night. The future looks bright for Minnesota.

Diamondbacks 16, Rockies 5: You don’t win many games when you allow ten runs in a single inning like the Rockies did here in the fourth. Brandon Drury drove in six runs without even homering. Indeed, the Rockies only gave up one homer, and it was already 12-3 when that one happened. All this on the day when the Dbacks skipped batting practice. Maybe there’s a lesson in there.

Actually, no, there’s no lesson in there. Stuff just happens. That’s basically true for most things in the universe: Stuff. Just. Happens.

 

Astros 5, Athletics 1: Houston hits a lot of homers, but here they strung together five singles in their three-run sixth inning. Carlos Correa would homer in the ninth, but the game was already over by then. Mike Fiers allowed one run over six innings for his fifth straight win.

Jarrod Dyson bunted and broke up Justin Verlander’s perfect game attempt

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Update: Both Verlander and Ausmus took no issue with Dyson’s bunt. Via MLB.com’s Jason Beck:

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Tigers starter Justin Verlander had thrown five perfect innings against the Mariners and retired Mitch Haniger on strikes to begin the sixth inning. That brought up the speedy Jarrod Dyson. With a 1-1 count in a 4-0 game, Dyson laid a bunt down the first base line. Both Verlander and first baseman Miguel Cabrera charged towards the ball and second baseman Ian Kinsler was late covering the bag, so there was absolutely zero chance Dyson would’ve been out.

In the rather hefty tome of baseball’s unwritten rules, “don’t bunt to break up a perfect game or no-hitter” is somewhere in there. Ben Davis famously and successfully broke up Curt Schilling’s perfect game bid in the eighth inning back in 2001, which earned him some scorn. Then-manager Bob Brenly called the bunt “chicken,” though Schilling didn’t have any unkind words towards Davis after the game. It’s happened a few times since then.

Following the bunt single, Verlander walked Mike Zunino and allowed an infield single to Jean Segura to load the bases. Ben Gamel brought in the Mariners’ first run with a single to center field. Verlander had light at the end of the tunnel when he struck out Robinson Cano for the second out, but served up a two-run double to Nelson Cruz, ending his evening. Shane Greene relieved him.

Verlander and manager Brad Ausmus will almost certainly be asked for their thoughts on Dyson’s bunt after the game. It’ll be interesting to see if they take the high road or the low road.