Alex Rodriguez Reuters

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: Holliday’s home run a fitting goodbye for Cardinals

ST. LOUIS, MO - SEPTEMBER 30: Matt Holliday #7 of the St. Louis Cardinals hits a solo home run against the Pittsburgh Pirates in the seventh inning at Busch Stadium on September 30, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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If tonight was his last night in a Cardinals uniform, Matt Holliday made the most of it.

After sitting out most of the second half with a fractured thumb, the 36-year-old was activated from the disabled list on Friday and slotted in as a pinch-hitter during the seventh inning of the Cardinals’ 7-0 shutout. What happened next could hardly have elicited more sentiment had it been scripted:

The solo shot was Holliday’s first home run as a pinch-hitter, and his first home run of any kind since August 9. The triumphant moment might have been the last of its kind in St. Louis, as it was reported earlier today that the Cardinals do not plan to exercise Holliday’s option in 2017.

Prior to the game, the left fielder released a statement in which he expressed his gratitude for the past eight seasons with the Cardinals’ organization:

I would like to thank Mr. Dewitt, Mo and the entire ownership group for the opportunity to play for the St. Louis Cardinals.

I am proud of what we have accomplished on and off the field during the past seven years. I have also been humbled by the incredible support and participation in our Homers for Health program.

It has been an honor to play in front of such great fans and for such a historic organization. I can honestly say it has been a dream come true.

While I’m disappointed this could be it here in St. Louis, I understand that it might be time to move on.

I’d like to express my love and admiration for Tony, Mike and all of the coaches and staff that I have had the pleasure to do life with these past seven-plus years.

The most emotional part of this is my teammates and the relationships I’ve built with some of these guys over the years. Particularly, Adam and Yadi, to be considered part of the core with two of the finest human beings I’ve ever known.

Finally, I’m eternally thankful for the Lord bringing me to the city of St. Louis in August of 2008. Lots of cool stuff has happened since then. On behalf of my wife Leslee and our children Jackson, Ethan, Gracyn and Reed: Thank you!

Angel Pagan body-slammed a fan on the field

SAN FRANCISCO, CA - SEPTEMBER 13: Angel Pagan #16 of the San Francisco Giants argues with umpire Jerry Meals #41 after a called third strike during the first inning against the San Diego Padres at AT&T Park on September 13, 2016 in San Francisco, California.  (Photo by Jason O. Watson/Getty Images)
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Don’t interrupt Angel Pagan in the middle of a wild card race. Better yet, don’t interrupt him at all.

A fan learned that the hard way during Friday’s Giants-Dodgers game. In the fourth inning, a group of fans ran onto the field with white flowers in their hands, presumably to hand to Giants players. According to eyewitness accounts, one player was reprimanded by San Francisco starter Madison Bumgarner, while Buster Posey fended off another.

Angel Pagan, however, took more extreme and inventive measures.

On-field security started closing in on the fan as he approached Pagan, but didn’t appear to pick up the pace until the outfielder dropped him on the field.

Vin Scully, who was wrapping up the third-to-last game of his career, provided play-by-play of the incident.

A couple of kids, trying to steal a moment, slow down the game, running on the field and just taking a big moment on the big stage. They’ve got one of them in right field, and the other one is nailed down by Pagan in left field. And the crowd loved that! They went up to do something with Angel Pagan, but [Pagan] grabbed him and slammed him to the ground, and they’re taking him off the field. […] Doesn’t that bring you back to the ’60s, and the flower children? Oh what, you don’t remember the ’60s? Okay.

The next time you want to send a message to a player, maybe try a tweet (throw in a flower emoji or two if you feel so inclined). Just don’t make a showy display of affection in the middle of a game. It’s bound to go badly, at least where Angel Pagan is concerned.