Alex Rodriguez Reuters

A-Rod’s lawsuit: dropping bombs, but maybe he has a grander tactical plan


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.

Maybe Alcides Escobar shouldn’t bat leadoff

Alcides Escobar

Alcides Escobar finished with a .292 OBP this year. He came in at .246 in 117 at-bats in August and .257 in 109 at-bats between September and October, so he wasn’t exactly flying high entering the postseason. Still, that didn’t stop Ned Yost from putting him into the leadoff spot for Thursday’s Game 1 against the Astros.

Yost finally did reconsider hitting Escobar first in September. It took Alex Gordon‘s return to health, plus the previous addition of Ben Zobrist to the lineup, in order to make that happen. However, it didn’t stick. Escobar hit ninth in each of his starts from Sept. 7-26, batting .236 with a .276 OBP during that span. With five games left to go, he was suddenly returned to the leadoff spot. The Royals went on to win all five games. Yost saw it as a sign, even though Escobar went 5-for-22 with no walks in those games.

Escobar went 0-for-4 in Thursday’s loss to the Astros. He did not swing at the first pitch of the game, which probably explains the defeat.

It’s been difficult to argue with Yost since last year’s World Series run and this year’s incredible run out of the game. The blind spot with Escobar, though, gets rather infuriating. One can defend hitting him leadoff against the Astros’ lefties. His career OBP against southpaws is .319 (.316 this year). Against righties, he’s the most obvious No. 9 hitter alive, with a career .258/.290/.342 line (.252/.284/.314 this year). He’s not a pace-setter. He’s not a spark plug. He’s a liability.

Astros top Royals in Game 1 of ALDS

Houston Astros' Jose Altuve, left, celebrates with teammate Luis Valbuena after scoring a run during the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Orlin Wagner)

After shutting out the Yankees in the AL Wild Card game on Tuesday, the Astros beat the Royals 5-2 in Game 1 of the ALDS on Thursday at Kauffman Stadium. Road teams are now 4-0 to begin the 2015 postseason.

The Astros grabbed an early 3-0 lead against Yordano Ventura through two innings. Chris Young took over for the Royals after a 47-minute rain delay and was very effective for the most part, allowing just a solo homer to George Springer over four innings while striking out seven batters. Colby Rasmus, who homered in the Wild Card game, took Ryan Madson deep in the eighth inning to give the Astros’ bullpen some extra breathing room.

Collin McHugh stayed in after the rain delay and ended up tossing six innings while allowing just four hits and one walk. Kendrys Morales did all the damage against him with a pair of solo homers. He’s the first Royals player to hit two home runs in a postseason game since George Brett in the 1985 ALCS.

The Royals’ offense showed some signs of life in the bottom of the eighth inning with back-to-back two-out hits against Will Harris, but Oliver Perez got Eric Hosmer to foul out to end the threat. Luke Gregerson tossed a scoreless ninth inning to finish off the victory.

Consistent with their identity during the regular season, the Astros won despite striking out 14 times. The same goes for the Royals, as they struck out just four times. Despite putting the ball into play more often, the Kansas City lineup wasn’t able to muster anything aside from the home runs by Morales.

Game 2 of the ALDS will begin Friday at 3:45 p.m. ET. Scott Kazmir will pitch for the Astros and Johnny Cueto will get the ball for the Royals.

George Springer homers to extend Astros’ lead over Royals

Houston Astros' George Springer (4) celebrates with teammates after scoring a run in the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
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After Kendrys Morales brought the Royals within one run in the bottom of the fourth inning with his second solo home run of the game, George Springer took Chris Young deep in the top of the fifth to extend the Astros’ lead to 4-2 in Game 1 of the ALDS.

According to Statcast, the ball traveled an estimated 422 feet and left Springer’s bat at 109 mph. Royals fans are happy it was just a solo home run. It could have been worse, as Jose Altuve singled to lead off the fifth inning before being thrown out trying to steal second base during Springer’s at-bat.

The Royals will try to answer as we move to the bottom of the fifth inning at Kauffman Stadium.