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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.

Astros sign Carlos Beltran to one-year, $16 million deal

TORONTO, ON - OCTOBER 9: Carlos Beltran #36 of the Texas Rangers hits an RBI against the Toronto Blue Jays in the first inning during game three of the American League Division Series at Rogers Centre on October 9, 2016 in Toronto, Canada. (Photo by Vaughn Ridley/Getty Images)
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The Astros have reportedly agreed to terms with free agent DH/outfielder Carlos Beltran for a one-year, $16 million contract, per ESPN’s Buster Olney. The deal includes a complete no-trade clause, according to a report from Bob Nightengale of USA Today.

Beltran elected to return to the Astros after fielding offers from the Yankees, Blue Jays, and Red Sox. He appeared in Houston during the second half of 2004, batting .258/.368/.559 with 23 home runs in 399 PA and making his first postseason run to the tune of a .435 average and eight homers as the Astros battled their way through to a seven-game loss in the Championship Series. Beltran also played with Houston manager A.J. Hinch and bench coach Alex Cora in separate stints with the Royals and Mets, which the Houston Chronicle’s Jake Kaplan cited as possible influences in the Astros’ decision to pursue the free agent.

In 2016, Beltran split the season between the Yankees and Rangers after getting dealt at the deadline for a package of right-handed pitching prospects. He was stationed in right field for the majority of his time in New York, but was almost exclusively utilized as a designated hitter over 52 games in Texas. Between the two clubs, he batted an impressive .295/.337/.513 with 29 homers and earned his ninth career All-Star designation to boot.

The veteran slugger is expected to fill a similar role on the Astros, who need a full-time DH but could use some additional support in the outfield corner. Olney envisions a lineup with Beltran in the five-spot, per an earlier report:

Rays and Braves reportedly interested in Welington Castillo

WASHINGTON, DC - SEPTEMBER 27: Welington Castillo #7 of the Arizona Diamondbacks hits an RBI double in the third inning against the Washington Nationals at Nationals Park on September 27, 2016 in Washington, DC. (Photo by Matt Hazlett/Getty Images)
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Catcher Welington Castillo was non-tendered by the Diamondbacks on Friday, making him one of 35 additional players to enter the free agent pool. Marc Topkin of the Tampa Bay Times reported that Castillo was drawing interest from the Rays, among a bevy of major league clubs, and the Atlanta Journal-Constitution’s David O’Brien added that the Braves have “some interest” as well.

The Rays’ trifecta of catchers — Curt Casali, Luke Maile, and Bobby Wilson — did little to inspire confidence behind the plate in 2016, and with top free agent Wilson Ramos sidelined after suffering a torn ACL in September, it makes sense that they’d explore more affordable options. Castillo profiled well at the plate during his first full season with the Diamondbacks, slashing .264/.322/.423 with 14 home runs in 457 PA. Behind the dish, he placed third among all qualified major league catchers with seven DRS (Defensive Runs Saved), though his league-leading 10 passed balls weren’t anything to write home about.

Unlike the Rays, the Braves have a serviceable catching platoon in Tyler Flowers and Anthony Recker. Beyond that, their catching depth is fairly shallow despite the recent addition of former Mariners’ outfield prospect Alex Jackson. Jackson, according to the Atlanta Journal-Constitution’s Mark Bradley, has not played behind the plate since high school, though GM John Coppolella is reportedly interested in trying him there again. A.J. Pierzynski is also rumored to be seeking a deal elsewhere in free agency, which could open the door for a multi-year deal with Castillo.