Major League Baseball to drop the lawsuit against Biogenesis, Bosch

43 Comments

The New York Daily News reports that, now that A-Rod has dropped his appeal and is accepting his suspension, Major League Baseball is going to drop the lawsuit it filed last March against Biogenesis, Anthony Bosch, Juan Carlos Nunez and multiple other defendants.

Which, of course, just continues to underscore how legally baseless a lawsuit that was and how its putative purpose — legal redress against drug dealers who caused damage to the league by enabling the breach of the Joint Drug Agreement an the Collective Bargaining Agreement — was total baloney. Major League Baseball filed that lawsuit for the sole purpose of gaining leverage in an effort to suspend Alex Rodriguez and the other Biogenesis players. Now that that has been done, there is no purpose for the suit.

Which may mean Major League Baseball was successful. That it did what it set out to do. But it doesn’t change the fact that its filing of that suit was a ridiculous misuse of the legal system. A legal system, the purpose of which, is to redress legal injury, not to be used as a cudgel in an employment dispute. Major League Baseball asserted that its contracts were breached. They were not. It asserted that it suffered financial damage as a result. It did not. This was akin to your employer filing a lawsuit against the guy who sold you a bag of weed in order to suspend you from work for violating the office’s drug policy.

If that happened people would freak out at the overreach. Here: no one seemed to care. Indeed, not too many people — including the MLBPA, much to its shame and now its relative powerlessness — complained about this when this suit was filed last March. Not too many people will complain about it now. When the history of Biogenesis is written, people will likely credit Bud Selig and Major League Baseball for bold action and, ultimately, success. After all, the only visible victim of it is A-Rod and everyone hates him.

But it doesn’t change the fact that that success came as a result of a comical misuse of the legal system. And now, with the suit’s dismissal, Major League Baseball is acknowledging that.

Drew Smyly has a torn UCL, will undergo Tommy John surgery

Getty Images
1 Comment

Ryan Divish of the Seattle Times reports that Mariners starter Drew Smyly has a torn UCL and will undergo Tommy John surgery.

Smyly was diagnosed with a flexor strain in his left elbow at the end of spring training. He had been on the shelf since then, but was throwing bullpen sessions. He was set to throw his first simulated game today, but that was scratched after he said his arm didn’t feel right in his last throwing session. The Mariners called it “a little setback.” A reexamination shows that this is not little, obviously.

The Mariners acquired Smyly in January for outfielder Mallex Smith and two minor leaguers, and were expected to utilize the lefty as a core member of their rotation in 2017. Now he’s going to miss all of this season and, given that he’s on a one-year deal, will be released by the team at the end of the season. Odds are that he’ll be unable to pitch for most of 2018.

Tough break.

Miguel Montero to be designated for assignment

18 Comments

A play in three acts:

I.

Miguel Montero talks smack about his teammate

II.

A team leader talks smack about Miguel Montero

III.

The Cubs get rid of Miguel Montero:

This is rather surprising. As I said in the last post, I figured he’d apologize today and it’d all be in the past. Guess not. Even more surprising: we learned earlier this week that the key to good clubhouse chemistry is having a teammate everyone hates. Guess that only works for the Giants.

Montero is making $14 million this season, so the Cubs are definitely eating some money to make a headache go away. They’re also losing some offensive production, as Montero has hit a nice .286/.366/.439 on the season. His terrible defense against opposing baserunners mitigates that, of course. And the whole “pissing off everyone in the clubhouse” thing isn’t exactly working out for him either, so here we are.

Oh well, have a good one, Miguel.