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

49 Comments

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.

Anthony Alford to miss 4-6 weeks following wrist surgery

Getty Images
Leave a comment

Blue Jays’ outfielder Anthony Alford will miss at least 4-6 weeks after undergoing surgery on his left wrist, the team announced on Saturday. Alford was placed on the 10-day disabled list earlier in the week after sustaining a left hamate fracture on a foul pitch, and could miss significant time in what looks to be a lengthy rehab process. MLB.com’s Gregor Chisholm reports that the procedure has been scheduled for next week and will be performed by Dr. Donald Sheridan in Arizona.

Alford, 22, was called up to the majors from Double-A New Hampshire last Friday. He went hitless in his first three outings, finally catching a break against the Brewers on Tuesday when he pinch-hit a leadoff double in the seventh. The injury occurred two innings later when Alford fouled off a pitch in the ninth inning, fracturing his wrist in the process.

Alford will join eight other players on the Blue Jays’ disabled list, including outfielders Steve Pearce (calf strain), Dalton Pompey (concussion) and Darrell Cecillani (partial shoulder dislocation). He’s expected to be replaced by 24-year-old outfield prospect Dwight Smith Jr.

Stephen Strasburg hit a new career high today

Getty Images
Leave a comment

Good luck getting a hit against the Nationals this weekend. Stephen Strasburg followed Max Scherzer‘s 13-strikeout performance on Friday with a dazzling outing of his own on Saturday afternoon. The right-hander whiffed a career-best 15 batters in seven innings, allowing just three hits and a walk in the Nats’ 3-0 win.

It took Strasburg several innings to get into a groove after pitching into (and out of) a jam in the first inning. The Padres loaded the bases with Allen Cordoba‘s leadoff single, a throwing error by Ryan Zimmerman and a four-pitch walk to Cory Spangenberg. By the third, Strasburg was cruising, striking out the side on 18 pitches and keeping the Padres off the basepaths until the sixth. He recorded his 15th and final strikeout in the seventh inning, catching Padres’ prospect Franchy Cordero swinging on a 1-2 pitch to effectively end his outing.

While 15 strikeouts set a new career record for the Nationals’ ace, he came close to reaching the mark twice before. The first time, he struck out 14 of 24 batters during his major league debut against the 2010 Pirates, though the 5-2 win did little more than keep the Nationals neck-and-neck with the Marlins at the bottom of the NL East. Five years later, he tied his 14-strikeout record against the 2015 Phillies, tossing a one-hitter in eight innings to cement his ninth victory of the season.

The only one who doesn’t seem overly enthused by the new record? Strasburg himself, who told MLB.com’s Jamal Collier and AJ Cassavell: “It’s pretty cool, but there’s another game five, six days from now. I’ll enjoy it tonight, but back to work tomorrow.”