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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.

Video: Bryce Harper launches a homer into the upper deck

WASHINGTON, DC - MAY 24: Bryce Harper #34 of the Washington Nationals looks on against the New York Mets at Nationals Park on May 24, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
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Nationals outfielder Bryce Harper has had a tough month of May. Opposing pitchers have become increasingly unwilling to throw hittable pitches in the strike zone for him, and he’s had trouble adjusting. Entering Thursday’s action, Harper was hitting .194/.454/.306 with two home runs in 97 plate appearances this month. 31 of those plate appearances ended in a walk, nine intentionally.

Harper finally got a pitch to hit in the sixth inning against Cardinals starter Mike Leake. Leake threw a 1-1 curve and Harper promptly launched into the upper deck at Nationals Park. It’s Harper’s 12th homer of the year.

Jackie Bradley, Jr.’s hitting streak ends at 29 games

BOSTON, MA - MAY 25:  Blake Swihart #23 of the Boston Red Sox congratulates Jackie Bradley Jr. #25 after he scored a run against the Colorado Rockies  during the fifth inning at Fenway Park on May 25, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. was unable to continue his hitting streak on Thursday night, going 0-for-4 out of the leadoff spot against the Rockies in an 8-2 loss. He hit a deep fly ball to right field in the first inning, missing a home run by a few feet. He hit another deep drive in the fifth, but it was caught in front of the wall in center field at Fenway Park by Charlie Blackmon. In his final at-bat, Bradley weakly grounded out on the first pitch from Jon Gray to lead off the eighth inning.

Bradley’s 29-game streak tied Johnny Damon for the fourth-longest streak in Red Sox history. Dom DiMaggio still has the longest in club history at 34 games.

Shortstop Xander Bogaerts was able to extend his hitting streak streak to 19 games. He went 1-for-3, hitting a line drive single in the first.

Softball legend Jennie Finch to manage a professional men’s baseball team

NEW YORK, NY - NOVEMBER 03:  Jennie Finch attends a press conference at Marathon Pavilion in Central Park on November 3, 2011 in New York City.  (Photo by Andy Kropa/Getty Images)
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Softball legend Jennie Finch will make history on Sunday when she will serve as a guest manager for the Bridgeport Bluefish of the independent Atlantic League. She will become the first woman to manage a men’s professional baseball team.

In the club’s announcement, GM Jamie Toole said, “We are really excited to have Jennie come out and manage the team. She is an incredible athlete and a wonderful person, and we hope our fans will enjoy seeing her in a Bluefish uniform for the day.”

Finch won the 2001 Women’s College World Series with the University of Arizona. She won the gold medal with Team USA in the 2004 Summer Olympics and silver in the 2008 Summer Olympics.

Finch is only managing one game, but it’s still a positive step for inclusiveness in professional sports. Hopefully, in the future, we see more women in sportswriting, broadcasting, coaching, and front office positions.

Mike Moustakas out for the rest of the 2016 season with a torn ACL

KANSAS CITY, MO - APRIL 21:  Mike Moustakas #8 of the Kansas City Royals hits a single in the first inning against the Detroit Tigers at Kauffman Stadium on April 21, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
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Royals third baseman Mike Moustakas has been placed on disabled list with a torn right ACL, the club announced on Thursday. He is expected to miss the rest of the season, per MLB.com’s Jeffrey Flanagan. Outfielder Brett Eibner has been recalled from Triple-A Omaha.

Moustakas suffered the injury colliding with teammate Alex Gordon attempting to catch a foul ball. Gordon suffered a fractured scaphoid bone, which will keep him out of action for three to four weeks.

It’s a tough break for Moustakas as he missed time earlier this month with a fractured thumb. He lands back on the DL hitting .240/.301/.500 with seven home runs and 13 RBI in 113 plate appearances.