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.

The Yankees set up “The Judge’s Chambers” cheering section for Aaron Judge

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The Yankees aren’t well-known for going all-in on goofy, fan-friendly fun. While some organizations are happy to jump on new and even silly or ephemeral trends for the yuks of it, the Yankees have tended to keep things rather businesslike when it comes to promotions and things. They’ve always played the long game, assuming — not always unreasonably — that their brand is best defined by the club’s history and greatness and quiet dignity and stuff.

Aaron Judge and his breakout rookie season is changing things. His fast start has caused fans to dress up in judge’s robes and stuff, so the team is having fun with it. They’ve set up a special section called “The Judge’s Chambers,” complete with a jury box vibe:

 

Fans will be selected to sit in the special section, which is in section 104 in right field, right behind where Judge plays, and will be handed foam gavels with “All Rise” written on them. To be selected at the moment it’d help if you wear one of those judicial robes with Judge’s number 99 on the back or his jersey or an English judge-style powdered wig. Going forward, the Yankees will also use the section for groups and charity events and stuff.

Judge is on a 58-homer pace right now. It’s unlikely he’ll keep that up, but he certainly looks like the real deal. And, for the Yankees and their fans, he’s giving them the chance for some real fun.

And That Happened: Monday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Twins 14, Orioles 7: Baltimore jumped out to a 5-0 lead and led 6-2 after four but then the Twins started bashing. Actually, it wasn’t so much bashing as the ten runs they scored between the fifth and sixth innings all came without the benefit of a homer. Max Kepler and Miguel Sano did homer at other times in the game, however. Kepler drove in four. Sano and Eduardo Escobar each knocked in three. Minnesota even scored on a balk. This game had a bit of everything. Adam Jones hit a homer. It was his 125th dinger at Camden Yards, giving him the all-time lead in that park. The old record holder: Rafael Palmeiro.

Yankees 4, Royals 2: Brett Gardner, Didi Gregorius and Chris Carter all went deep as the Yankees beat Jason Vargas. Vargas had a 1.01 ERA through his first seven starts. In his last two he’s allowed nine runs on 11 hits in ten innings. Both of those games have come against the Yankees, though, so maybe it’s more them having his number than him turning into a pumpkin.

Rockies 8, Phillies 1: Top prospect Jeff Hoffman got called up for a spot start and struck out seven over seven three-hit, one-run innings. Nolan Arenado hit a two-run homer. Philly has lost 18 of 22.

Reds 5, Indians 1: The Battle for Ohio Begins. With the loss, Cleveland is in the early lead to be stuck with Ohio. OK, I kid — I’m an Ohioan, I can do that — but I don’t know for sure what the winner gets. It’s either some cup or a trophy or maybe they get to cut in line at Cedar Point or something. Anyway, Scott Feldman was sharp, allowing one run and striking out nine in six innings, and Scott Schebler homered for the third straight game. Great Scott.

Angels 3, Rays 2: J.C. Ramirez outdueled Jake Odorizzi and the Angels broke a 2-2 tie on a Jumbo Diaz wild pitch in the seventh. Five total runs scored and 12 hits between the teams over nine innings yet this game went three hours and thirty seven minutes. Eleven walks and 20 strikeouts is the likely culprit. Sounds like a slog.

Braves 5, Pirates 2: Welcome to Atlanta Matt Adams. The newest Brave hit a two-run homer in his second start since being acquired from the Cardinals and Brandon Phillips hit his 200th career homer. Center fielder Ender Inciarte had a career-high five hits for the Braves who were not fooled at all by Gerrit Cole. Meanwhile, Mike Foltynewicz and four relievers held the Buccos in check.

Giants 6, Cubs 4: Joe Panik homered to lead off the game and doubled twice. Not to lead off the game, though. It’d be impossible to do all of that in one plate appearance. Brandon Belt and Justin Ruggiano homered as well, also in their own distinct at bats. There are rules here.

Astros 1, Tigers 0: A combined one-hitter in a bullpen game. The bullpen game was necessitated by a pinched nerve in Dallas Keuchel‘s neck. Brad Peacock got the start and allowed only one hit and two walks with eight strikeouts over four and a third. Chris Devenski, Will Harris and Ken Giles went the rest of the way for a combined four and two-thirds perfect innings. Michael Fulmer only made one mistake in walking George Springer to lead off the game and then giving up an RBI double to Jose Altuve. Otherwise he scattered eight hits and allowed only that one run in seven innings. That, however, was enough to lose the game.

Diamondbacks 5, White Sox 1: Zack Greinke struck out a season-high 12, allowing only one run in eight and two-thirds. Daniel Descalso hit a three-run homer in the fourth that provided all of the cushion Greinke needed.