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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.

Mets win 8th straight, Conforto and Flores HR to beat Giants

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NEW YORK — Michael Conforto and the bats are booming. Jacob deGrom and the pitchers are peaking. And the defense is making the key plays.

A year after the New York Mets stamped themselves as serious contenders with a big winning streak in April, they’re rolling again.

“There’s not much that we’re not doing,” manager Terry Collins said.

Conforto and Wilmer Flores homered and the Mets won their eighth in a row, building an early lead for deGrom and holding off the San Francisco Giants 6-5 Saturday.

“It just seems relentless,” Conforto said.

At 15-7, the defending NL champions have won 11 of 12. They could be poised for an even more impressive run – next week, they play seven games against last-place Atlanta and San Diego.

The crowd of 44,466 was the largest for a regular-season game at Citi Field since the park opened in 2009, with a lot of fans attracted by the Noah Syndergaard Garden Gnome giveaway.

The Mets almost gave away the game, too.

Ahead 6-3 in the eighth inning, they walked a pair of batters and let the Giants load the bases with no outs. Hunter Pence‘s bid for a go-ahead grand slam was caught just in front of the center-field wall for a sacrifice fly.

Brandon Crawford followed with another sacrifice fly, a liner that right fielder Curtis Granderson jumped to backhand on the warning track.

“Two long popups,” Collins kidded.

Jeurys Familia took over in the ninth and closed for his eighth save in as many chances.

“That’s a tough one for the guys, because they put up quite an effort there to get back in it and try to win that ballgame,” Giants manager Bruce Bochy said. “Two balls to just miss like that, that’s a tough one for them.”

Conforto tied a Mets record by hitting a double in his sixth straight game. He also singled and drove in three runs. In his first full season, the 23-year-old outfielder who homered twice in a World Series game last October has comfortably settled into the No. 3 spot in a potent lineup and is batting .365.

“Really had no nerves about it,” he said, adding, “Getting the pitches I know I can hit and not missing them.”

Neil Walker capped a productive first month for his new team with a two-run single.

DeGrom (3-0) overcame his first four walks of the season, pitching two-hit ball for six innings and leaving with a 1.02 ERA. All three runs against him were unearned and came after a throwing error by Flores, who played third base to give David Wright a day off.

New York’s defense also helped deGrom. Pence fisted a bases-loaded, two-run single with two outs in the third, but first baseman Lucas Duda took the accurate relay from Granderson and threw out Brandon Belt trying to reach third.

After setting a club mark by scoring 12 runs in the third inning Friday night, the Mets quickly struck against Matt Cain (0-3).

Walker’s two-out single in the first made it 2-0. Conforto launched a two-run double off the top of the left-field wall in the second for a 4-0 lead.

Overall, the Mets have outscored opponents 50-21 during their winning string.

“It’s nice pitching with a lead,” deGrom said. “You can go right after guys.”

Cain has gone a career-worst 12 starts without a win, dating to his last victory July 22. Slowed by injuries and inconsistency in recent years, the three-time All-Star who once pitched a perfect game is saddled with a 7.00 ERA this season.

Conforto hit his fourth homer in the fifth. Flores connected the next inning for his first of the year. The Mets have 31 home runs in their last 14 games.

STREAKS

Conforto tied Joe Christopher’s team mark in 1964 with doubles in six straight games. Conforto has reached safely in 17 straight. … Yoenis Cespedes‘ club-record string of nine games in a row with an extra-base hit ended.

TRAINER’S ROOM

Giants: 2B Joe Panik was out of the lineup a day after tweaking his groin.

Mets: Wright and C Kevin Plawecki got to sit for a day. C Rene Rivera, who started 87 games for the Rays last year, made his Mets debut. He was hit by a pitch in the back his first time up.

UP NEXT

A prime pitching matchup on deck – if the weather holds. Steady rain is in the forecast Sunday and well could dampen the duel between Giants ace Madison Bumgarner (2-2, 3.64 ERA) and Syndergaard (2-0, 1.69). Bumgarner has won all three of his starts at Citi Field with an 0.78 ERA. Syndergaard has struck out 38 this season, matching Pedro Martinez for the most by a Mets pitcher in the first four starts of a season.

Zimmermann goes 5-0, Upton homers as Tigers top Twins 4-1

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MINNEAPOLIS — Jordan Zimmermann hasn’t required much run support this year. Justin Upton gave him all he needed in the first inning Saturday.

Zimmermann won his fifth straight start to begin his first season with Detroit, and Upton hit a three-run homer for the Tigers in their 4-1 victory over the Minnesota Twins.

“Give him a three-run lead, we’re pretty confident he can work with that,” said Upton, whose second homer of the year reached the second deck in left-center. “If we can fight and get on the board early, and let our guys work, we’ll be all right.”

Zimmermann (5-0) gave up one run and six hits with no walks and seven strikeouts over seven innings. His ERA actually rose to 0.55 as he became the first Tigers pitcher to win five games in April since Frank Tanana in 1988, according to STATS.

Upton and Zimmermann both signed as free agents with Detroit for more than $100 million this past offseason. Zimmermann knew he would be joining a team with a high-octane offense, though he hasn’t relied on the Tigers’ bats much yet.

“This is probably the best lineup I’ve ever seen,” Zimmermann said. “They’re going to score runs. It’s just a matter of when and what inning. For me, they’ve been scoring early and allowing me to settle in and just throw strikes.”

Victor Martinez doubled twice for the Tigers, who have won five of six. Francisco Rodriguez pitched a scoreless ninth for his sixth save in seven opportunities.

Eduardo Escobar had three singles for the Twins, who lost their third straight and fell to 7-17 overall.

Tyler Duffey (0-1) gave up just one earned run in 6 1/3 innings, striking out seven and walking none. But one mistake in the first marred an otherwise solid performance.

With two on and two outs, Duffey tried to get ahead in the count with a first-pitch fastball. But the pitch caught too much of the plate and Upton drove it an estimated 417 feet for his second homer with Detroit.

“It’s easy to look back and say I should have gotten out of that. I know I was more than capable of doing it,” Duffey said. “That mistake is a lot larger when you’ve got a guy like Zimmermann throwing against you.”

Zimmermann cruised through the first three innings, but Byung Ho Park homered in the fourth to break up the shutout. Park lined a 1-2 pitch into the bullpen in left-center, his team-leading sixth homer of the year.

It was the first home run allowed by Zimmermann in 29 2/3 innings this season.

After that, each time the Twins threatened, Zimmermann had an answer. John Ryan Murphy reached second on an error by right fielder J.D. Martinez with one out in the fifth before Zimmermann struck out Danny Santana and Brian Dozier to preserve the two-run cushion.

Minnesota got its leadoff man on in the seventh, but Zimmermann promptly induced a double-play grounder from Eddie Rosario.

CATCHER KNOWS BEST

Zimmermann might have kept the Twins off the board entirely if he’d just listened to catcher Jarrod Saltalamacchia, who didn’t want to throw Park the slider he hit into the bullpen.

“That was really my only mistake all game. I tried going front door with it, and obviously that wasn’t the right pitch. I’m sure Salty will say the same thing. He didn’t really want to throw it and I did, so that was my fault,” Zimmermann said. “It didn’t work out, but solo home runs aren’t going to kill you, so it’s all good.”

TRAINER’S ROOM

Tigers: C James McCann (sprained ankle) caught nine innings for Triple-A Toledo on Friday, but manager Brad Ausmus said McCann will continue his rehab assignment through the weekend. McCann was expected to catch nine more innings Saturday and five innings on Sunday before rejoining the Tigers for their three-game series in Cleveland that begins Tuesday.

Twins: 3B Trevor Plouffe (strained intercostal muscle) was scheduled to begin a rehab assignment with Class A Fort Myers on Saturday. Plouffe has been on the DL since April 19. Barring any setbacks, he is expected to join the Twins in Houston on Tuesday.

UP NEXT

Tigers: RHP Mike Pelfrey (0-4, 4.64 ERA) faces his former team in Sunday’s series finale. Pelfrey spent the past three seasons in Minnesota. He pitched a season-high 6 2/3 innings in his most recent start, a 5-1 loss to the Athletics on Tuesday.

Twins: RHP Ricky Nolasco (1-0, 3.25) has been the team’s most effective starter this season. He’s averaged just shy of seven innings in his four starts and is second in the AL in strikeout-to-walk ratio with 24 strikeouts against three walks.

Rockies’ Story ties rookie mark with 10th HR in April

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PHOENIX (AP) Trevor Story is undoubtedly the story of the Colorado Rockies’ first month of the season.

The shortstop tied a major league rookie record with his 10th home run in April, a two-run shot that helped the Rockies cruise to a 9-0 victory over the Arizona Diamondbacks on Friday night. In hitting his 10th home run in 21 games, Story tied George Scott in 1966 as the fastest player in major league history to reach that home run total.

Story tied Jose Abreu of the Chicago White Sox, who hit 10 in April 2014, for the rookie mark. Teammate Nolan Arenado, who also homered, is tied with Story for the major league lead in home runs.

Story took Diamondbacks starter Robbie Ray (1-1) deep in the fifth inning.

“Maybe when it’s all said and done it will be something cool to look back on, but right now I’m just worried about winning games,” Story said.

Arenado, Ryan Raburn and Nick Hundley hit solo home runs, Arenado’s blast immediately following Story’s in the fifth to knock Ray out of the game.

Hundley added a two-run double in the eighth after Gerardo Parra‘s RBI double.

Tyler Chatwood (3-2) held the Diamondbacks scoreless on five hits for 6 1/3 innings with four strikeouts and three walks.

The Rockies won for the third time in four meetings against Arizona in Phoenix, and have hit 14 home runs in those four games at Chase Field this season. Story hit four in the season-opening series.

“I feel like it’s always good weather here. We play spring training here, so it’s a familiar place,” Story said. “I grew up playing in the heat, so yeah, I guess you could say I feel comfortable here.”

Ray had not given up a home run in his previous four starts. The Rockies overtook the Diamondbacks for most home runs in the majors with 37 to Arizona’s 36.

“They obviously like swinging the bat in this ballpark,” Diamondbacks manager Chip Hale said. “It’s very obvious that that’s what it is. If you don’t locate your pitches, they’re going to hit them. That’s what happens with confident hitters.”

Raburn led off the fourth with a line drive into the seats in left field. One out later, Hundley homered to left.

“Great player. He’s got a lot of tools and he’s been pretty even-keel,” Raburn said of Story. “Right now he’s getting pitches to hit and he ain’t missing it.”

The Rockies took control in the fifth when Charlie Blackmon led off with a single. Story and Arenado followed with their home runs, and Ray’s night ended after giving up five runs and seven hits. He struck out five and walked two.

“This place has been tough on us the last few years,” manager Walt Weiss said. “Especially last year. It’s good to see us swing the bats and win games, especially on the road where we’ve had some demons in the past.”

DIAMONDBACKS CLAIM ESCOBAR

The Diamondbacks claimed LHP Edwin Escobar off waivers from the Boston Red Sox on Friday, and sent Escobar to Triple-A Reno. Pitcher Matt Buschmann was designated for assignment. Escobar, 24, was a top prospect for the San Francisco Giants before being traded to Boston in 2014. Buschmann made three appearances for the Diamondbacks this season.

TRAINER’S ROOM

Rockies: Blackmon (turf toe) was activated from the 15-day DL and started in center field as the leadoff hitter. The Rockies optioned OF Brandon Barnes to Triple-A Albuquerque to make room for Blackmon. “Unfortunately, it’s a numbers crunch at this point in the construction of our roster, but he’ll be back,” Weiss said of Barnes. … RHP Jason Motte (sore shoulder) threw a bullpen session Friday and is “moving full steam ahead,” Weiss said. … Hundley got some eye drops administered during the fourth inning, coming out from behind the plate and jogging over to the dugout for help from a trainer. … Raburn fouled a pitch thrown high and tight off the bottom of the bat near his hands, and was checked by a trainer when he shook his hands in pain afterward. He was later hit by a pitch. “Just got a little beat up tonight but it’s part of it,” Raburn said.

Diamondbacks: RHP Josh Collmenter, on the 15-day DL, will pitch three innings at Class-A Visalia on Monday as he comes back from shoulder inflammation.

UP NEXT

Rockies: LHP Chris Rusin makes his first start of the season. He’s appeared four times in relief and has a scoreless streak of 9 2/3 innings. He’s 2-1 with a 2.25 ERA in three starts against Arizona, all at Chase Field.

Diamondbacks: RHP Zack Greinke (2-2, 6.16 ERA) makes his sixth start of the season. He faced the Rockies on opening day and was tagged for seven runs and nine hits in four innings. He gave up seven runs in his most recent outing, Monday against the Cardinals, but got the win.

Cespedes has 6 RBIs during Mets’ record 12-run inning vs SF

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NEW YORK — Yoenis Cespedes and the New York Mets broke loose for a team-record 12 runs in the third inning Friday night, rolling to their seventh straight victory with a 13-1 blowout of the San Francisco Giants.

Cespedes set a club mark with six RBIs in the inning, connecting for a two-run single off starter Jake Peavy (1-2) and a grand slam off reliever Mike Broadway that capped the outburst.

The early barrage made it an easy night for Steven Matz (3-1) in the opener of a three-game series between the last two NL champions. The left-hander tossed six shutout innings to win his third consecutive start.

Michael Conforto had an RBI double and a run-scoring single in the Mets third, which lasted 39 minutes, 47 seconds. He and Cespedes were two of the four players who scored twice. Asdrubal Cabrera greeted Broadway with a two-run double.