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.

Someone stole Jose Fernandez’s high school jersey after a vigil

MIAMI, FL - JULY 09:  Jose Fernandez #16 of the Miami Marlins pitches during the game against the Cincinnati Reds at Marlins Park on July 9, 2015 in Miami, Florida.  (Photo by Rob Foldy/Getty Images)
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People are the absolute worst sometimes. The latest example: someone stole one of Jose Fernandez’s high school jerseys, which had been displayed in his old high school’s dugout for a vigil last night.

That report comes from Anastasia Dawson of the Tampa Bay Times who covered the vigil at Alonso High School in Tampa yesterday. Her story of the vigil is here. Today she has been tweeting about the theft of the jersey. She spoke to Alonso High school’s principal who, in a bit of understatement, called the theft the “lowest of the low.”

The high school had one more Fernandez jersey remaining and has put it on display in the school. In the meantime, spread this story far and wide so that whatever vulture who stole it can’t sell it.

 

What Hall of Fame-eligible pitcher would you ask to pitch today?

Mike Mussina
Associated Press
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In an earlier post I made a joke about the Indians starting Dennis Martinez if forced to play a meaningless (for them) game on Monday against the Tigers. On Twitter, one of my followers, Ray Fink, asked a great question: If you had to hand the ball to a Hall of Fame-eligible pitcher to give you three innings, who would it be?

The Hall of Fame-eligible part gets rid of the recently-retired ringers, requiring a guy who has been off the scene for at least five years, ensuring that there’s a good bit of rust. I love questions like these.

My immediate answer was Mike Mussina. My thinking being that of all of the great pitchers fitting these parameters, he’s the most likely to have stayed in good shape. I mean, Greg Maddux probably still has the best pitching IQ on the planet, but he’s let himself go a bit, right? Mussina strikes me as a guy who still wakes up and does crunches and stuff.

If you extend it to December, however, you may get a better answer, because that’s when Tim Wakefield becomes eligible for the Hall. I realize a knuckleball requires practice to maintain the right touch and subtlety to the delivery, but it also requires the least raw physical effort. Jim Bouton went well more than five years without throwing his less-than-Wakefield-quality knuckler and was still able to make a comeback. I think Tim could be passable.

Then there’s Roger Clemens. I didn’t see his numbers for that National Baseball Congress tourney this summer and I realize he’s getting a bit thick around the middle, but I’m sure he can still bring it enough to not embarrass himself. Beyond the frosted tips, anyway.

So: who is your Space Cowboys-style reclamation project? Who is the old legend you dust off for one last job?