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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.

Orioles re-sign Paul Janish to minor league deal

SARASOTA, FL - FEBRUARY 28:  Paul Janish #15 of the Baltimore Orioles poses during photo day at Ed Smith Stadium on February 28, 2016 in Sarasota, Florida.  (Photo by Rob Carr/Getty Images)
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The Orioles signed free agent shortstop Paul Janish to another minor league deal on Saturday, reports Roch Kubatko of MASNsports.com. The contract includes an invite to spring training.

It’s hardly a surprising move for the Orioles, who have released and re-signed the 34-year-old infielder to multiple minor league deals over the past two years. A perennial Triple-A player, Janish slashed .242/.282/.303 with four doubles and a .585 OPS in two campaigns and 28 games with the Orioles. While he won’t be in line for a full-time role in the majors this season, he profiles as a solid defender and should give the team some infield depth alongside fellow veteran infielders Robert Andino, Johnny Giavotella and Chris Johnson.

Drew Smyly brings youth and experience to Mariners rotation

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PEORIA, Ariz. (AP) Trades don’t surprise Drew Smyly anymore.

At age 27, the Seattle Mariners left-hander has been dealt twice. The first swap sent him from the team that drafted and developed Smyly, the Detroit Tigers, to the Tampa Bay Rays in midseason 2014. That trade landed star pitcher David Price in Detroit.

“I was surprised by that one,” Smyly said.

The most recent trade involving him came in January, when the Rays shipped Smyly to Seattle for three prospects in one of many moves by Mariners general manager Jerry Dipoto. Smyly immediately joined the Mariners’ projected starting rotation, and is having fun getting to know his new teammates at spring training by way of manager Scott Servais’ clubhouse icebreakers.

Servais thinks Smyly is a solid fit as a still young yet experienced pitcher.

“One, being where he’s at in his career age-wise and service time, he’s kind of at the point where, put him in the right environment … very good defensive outfield, he’s a fly ball guy, maybe he does step up and take the next step,” Servais said. “Getting out of the American League East certainly should help him, but there’s no guarantees. Our division’s pretty tough.”

Servais suggested that another Arkansas native, ex-big leaguer Cliff Lee, might have helped sell Seattle on Smyly. Lee is a former Mariner and the two share an agent.

Smyly went 7-12 in a career-high 30 starts last season in Tampa, but won five games from July 30 to the end of the season after starting out 2-11. From May 21 to July 18, he lost seven straight starts.

“Pitching’s tough, you know,” Smyly said. “To manipulate the ball, to make it do different things, to put it in the strike zone with hitters that know what they’re doing. … I just had a rough stretch but I show up at the field every day, play catch and work on my craft and you know, that’s going to turn around one day.”

The 32 home runs Smyly surrendered in 2016 figure to be reduced in Seattle’s pitcher-friendly Safeco Field.

“It can only help,” he said. “But it’s still going to be up to me to execute pitches and pitch well.”

Smyly is set to join the U.S. World Baseball Classic team shortly. Before that, he’ll make his first spring training start in the middle of next week.

“It’s an honor to be able to put your country on your chest and play with some of the guys on that team,” he said. “I’m looking forward to it big time.”

NOTES: Servais plans to roll out what figures to be Seattle’s opening day lineup in the spring training opener Saturday against San Diego. It’s OF Jarrod Dyson, SS Jean Segura, 2B Robinson Cano, DH Nelson Cruz, 3B Kyle Seager, OF Mitch Haniger, 1B Dan Vogelbach, C Mike Zunino and OF Leonys Martin. … Servais said Cano and Cruz will play a little more than is typical for early spring games, as the two will depart for the World Baseball Classic in early March. … LHP Ariel Miranda will start Saturday, then RHP Chris Heston Sunday, RHP Yovani Gallardo on Monday and ace Felix Hernandez on Tuesday.