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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.

Dee Gordon reinstated from PED suspension

Miami Marlins' Dee Gordon celebrates after hitting a double against the Detroit Tigers in the ninth inning of a baseball game Tuesday, April 5, 2016, in Miami. Derek Dietrich scored on the double. The Tigers won 8-7. (AP Photo/Alan Diaz)
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The Miami Marlins have reinstated second baseman Dee Gordon from his suspension.

Gordon, of course, has missed the last 80 games while serving his drug suspension. He’s coming off a minor league rehab assignment and will be the everyday second baseman for the contending Marlins. He was hitting .266/.289/.340 with three doubles, two triples, five RBI, 13 runs scored, and six stolen bases in 97 plate appearances when he was popped. He was replaced by Derek Dietrich, who hit a nice .275/.366/.398 with 22 extra-base hits, 30 RBI, and 26 runs scored in 314 PA in Gordon’s absence, so don’t expect a tremendous upgrade at second down the stretch, even if they get a nice upgrade in the utility and depth department.

To make room for Gordon, the Marlins designated utilityman and sometimes hero Don Kelly for assignment. Sad jams.

Chris Sale called “a competitor” for stuff that gets most guys called “head cases”

SAN DIEGO, CA - JULY 12:  Chris Sale #49 of the Chicago White Sox reacts during the 87th Annual MLB All-Star Game at PETCO Park on July 12, 2016 in San Diego, California.  (Photo by Harry How/Getty Images)
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Chris Sale has had an eventful week.

On Saturday he was scratched from his start and subsequently suspended for five games for cutting up the 1976 throwback uniforms the team was scheduled to wear, making them unusable. That cost the team over $12,000 and cost the Sox their best pitcher hours before game time.

On Monday Sale gave an interview to Scott Merkin in which he apologized to fans and teammates and explained his rationale for the uniform shredding. Even if his act was over the top, there was a core of understandable motivation at least: Sale said he voiced his displeasure with the untucked jersey months ago and asked to not pitch on a night they’d have to wear them because he believed it would mess with his mechanics and/or mental state. The Sox didn’t heed his request and Sale took issue, as many probably would, with what he felt was the business of throwback jerseys taking precedence over on-the-field stuff.

Of course, there are still some pretty big problems here. Mostly having to do with the facts that (a) the Sox have people on staff who could’ve optimized his jersey any way he needed it to be optimized if he had asked; (b) ballplayers have been wearing throwbacks for a long time now and, even if they don’t like them, they tend to endure them; and (c) he’s a ballplayer who needs to suck things up sometimes like every single ballplayer ever has done. There are a ton of things ballplayers are expected to do which are insisted upon by the business folks. It’s part of the gig.

A little more seriously than that is the fact that Sale pretty publicly threw his manager, Robin Ventura, under the bus :

“Robin is the one who has to fight for us in that department,” Sale said. “If the players don’t feel comfortable 100 percent about what we are doing to win the game, and we have an easy fix — it was as easy as hanging up another jersey and everyone was fine. For them to put business first over winning, that’s when I lost it.”

An undercurrent to all of this is Sale being fairly obvious in voicing his desire to be traded.

Today Bob Nightengale of USA Today has a story about Sale’s week. It’s sourced largely by Sale’s friend Adam Eaton who defends Sale as a passionate competitor who just wants to win and how all of this stuff of the past week was about his desire to do so. The headline of the story buys in to all of that:

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We heard much the same along these lines when Sale blasted Sox brass following the Drake LaRoche stuff during spring training, going on an expletive-filled rant in a meeting behind closed doors but then bringing the same noise, albeit cleaned up, in front of reporters after it all became public.

Chris Sale is who he is, of course, and I’m not going to too harshly judge who he is. He’s an amazing pitcher and, as most athletes will tell you, the mental part of the game is almost as important or, maybe, even more important than the physical part. Asking Sale to be who he isn’t would probably be counterproductive in the long term.

But I am fascinated with the way in which someone who has behaved like Sale has behaved is described. He’s a “competitor” whose objectively disruptive and literally destructive behavior is explained away as merely a function of his desire to win. His friends on the team, like Eaton, are sought out for damage control and spin and his detractors, which there are likely some, aren’t quoted, even anonymously. He has publicly called out his manager as not wanting to win as much as he wants to please his bosses and he has likewise called out his manager’s bosses and has welcomed a trade, yet we aren’t seeing stories about how that’s a bad thing for the Sox’ clubhouse.

I don’t much care for that sort of stuff, actually, as I suspect most clubhouse controversy stories are somewhat overblown and overly dramatized. But those stories have been go-to tropes of sports writers for decades, and I am trying to imagine this sort of story about players who aren’t Chris Sale. Players who don’t have as friendly a relationship with the media as he has or who don’t have clubhouse allies who do. I feel like, most of the time, a story about a guy who who has done the odd things Sale has done both this week and last March would play a hell of a lot differently.

How does this all play of it’s Yordano Ventura? Or Yasiel Puig? Or Jose Fernandez? How does this play if it took place in the NBA and it was Kevin Durant who shredded up a bunch of short-shorts on 80s throwback night? How does it play if it’s Cam Newton?

I bet it plays differently.