Alex Rodriguez Reuters

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


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.

Mets expected to tender a contract to Jenrry Mejia

NEW YORK, NY - JULY 12:  Jenrry Mejia #58 of the New York Mets reacts as he walks off the field after getting the final out of the seventh inning against the Arizona Diamondbacks at Citi Field on July 12, 2015 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Jim McIsaac/Getty Images)
Photo by Jim McIsaac/Getty Images
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Jenrry Mejia appeared in just seven games this past season due to a pair of suspensions for performance-enhancing drugs, but Adam Rubin of ESPN New York reports that the Mets are expected to tender him a contract for 2016.

While the Mets were vocal about their disappointment in Mejia’s actions, it makes sense to keep him around as an option. Had he played a full season in 2015, he would have earned $2.595 million. He’s arbitration-eligible for the second time this winter and figures to receive a contract similar to his 2015 figure, but he’ll only be paid for the games he plays. He still has 100 games to serve on his second PED suspension, which means that he’ll only be paid for 62 games in 2016. This likely puts his salary closer to $1 million, which is a small price to pay for someone who could prove useful during the second half and beyond. He also won’t count toward the team’s 40-man roster until he’s active.

Mejia, who turned 26 in October, owns a 3.68 ERA in the majors and saved 28 games for the Mets in 2014. He’s currently pitching as a starter in the Dominican Winter League.

Braves and Jim Johnson reunite on a one-year contract

ATLANTA, GA - JULY 17: Jim Johnson #53 of the Atlanta Braves throws a ninth inning pitch against the Chicago Cubs at Turner Field on July 17, 2015 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
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UPDATE: The deal is official. Bowman adds that Johnson will make $2.5 million in 2016.

6:11 p.m. ET: Jim Johnson enjoyed some success out of the Braves’ bullpen in 2015 until a midseason trade to the Dodgers and Mark Bowman of reports that he has returned to Atlanta on a one-year contract. No word yet on the terms involved.

After an awful 2014 between the Athletics and Tigers, Johnson signed a one-year deal with the Braves last winter and bounced back to the tune of a 2.25 ERA and 33/14 K/BB ratio over 48 innings. He also saved nine games. However, things went south for him after a trade to the Dodgers in late July, as he put up an ugly 10.13 ERA in 23 appearances. He was left off the team’s roster for the NLDS against the Mets.

It’s unclear what role the Braves have in mind for Johnson, as Arodys Vizcaino finished the season as the closer, but they have made upgrading their bullpen a priority this winter.

Report: Barry Bonds under consideration to be the Marlins hitting coach

Barry Bonds

This shouldn’t cause any controversy, lead to a lot of people saying dumb things or provide fodder for jokes at all. Nope, none whatsoever:

In what promises to be a bombshell move, if executed, all-time great slugger Barry Bonds is under consideration to become Marlins hitting coach.

Team higherups have quietly been discussing this possibility for weeks.

That’s Jon Heyman, who reminds us that Bonds has worked with the Giants in the spring in recent years. And who, no matter what else you can say about him, was one of the greatest hitters the game has ever seen. Also worth remembering that despite his controversial past, that greatness came not just from physical gifts, naturally or artificially bestowed. It came from his approach, preparation and strategy at the plate. No one can teach a hitter to hit like Barry Bonds, but you’d think that hitters could be taught to try to approach an at bat the way Barry Bonds would. And who better to do it than Barry Bonds?

That is, if Bonds is willing to drop his seemingly ideal retired life in San Francisco, move to Miami and work for Jeff Loria for nine months a year. Which, eh, who knows? But the possibility of it is pretty fascinating to think about.

Yadier Molina’s new backup: Cardinals sign Brayan Pena to two-year deal

Brayan Pena Reds

Veteran catcher Brayan Pena has agreed to a two-year, $5 million contract with the Cardinals, who’re investing much more than usual in their backup for Yadier Molina.

After bouncing around for a decade without getting even 250 plate appearances in a season Pena signed with the Reds and topped 350 plate appearances in both 2014 and 2015. His production didn’t improve any, as Pena hit .263 with five homers and a .652 OPS in 223 games as a regular.

Pena’s best skill is rarely striking out, which enables him to hit for a decent batting average, but he has very little power and swings at everything. He struggled to control the running game this season at age 33, but has a decent throw-out rate for his career.

Making a multi-year commitment to Pena suggests the Cardinals are no longer counting on Molina being the same type of workhorse behind the plate, which certainly makes sense given his age and injury history. Pena will replace Tony Cruz, who’s been Molina’s understudy since 2011 while hitting just .220 with five homers and a .572 OPS in 259 games.