lawsuit gavel

Former Reds draftee and sports clinic owner sues MLB, saying it ruined his business

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Neiman Nix was a draftee of the Cincinnati Reds in 1998 but multiple arm surgeries derailed his career before it began. Then he got into the sports clinic business and ran one in Miami. He’s out of that business now. He says he’s out of it because Major League Baseball investigators forced him out of business during the course of the Biogenesis investigation:

. . . according to Nix, the investigators MLB sent to South Florida to probe Biogenesis and its proprietor, Tony Bosch, became so obsessed with the idea that Nix was engaged in similarly shady behavior that they called all of his clients to warn them off and eventually got him banned from Facebook and PayPal.

But Nix swears he has done nothing wrong and is now suing MLB and three officials, claiming they wrecked his clinic and cost him millions in revenue. “It’s unbelievable what they did to him,” says Sholom Boyer, Nix’s attorney. “It’s the ultimate David versus Goliath.”

Nix is suing Major League Baseball and has named the two investigators who MLB fired a couple of weeks ago just before it was reported that they purchased stolen documents. Nix says he never gave patients/clients any drugs that were either illegal or which required a prescription. His complaint alleges slander, tortious interference, and intentional infliction of emotional distress, among other claims.

It’s hard to say how much weight to give all of this. On the one hand, the more we learn about that investigation the shadier it seems. On the other hand, while the investigation seemed to be profoundly overzealous, everything we’ve read about it makes it seem as if that overzealousness was aimed at taking down big-name MLB players and there is no apparent connection between Nix and any of them. One wonders, then, why investigators would go out of their way to take this guy out too.

At the moment it’s just a complaint, so it’s early in the process. MLB, for its part, is calling the lawsuit “baseless.” And if anyone knows about baseless lawsuits it’s Major League Baseball. But, Major League Baseball also knows that baseless lawsuits actually get results sometimes too, so they shouldn’t be too dismissive.

Ichiro was happy to see Pete Rose get defensive about his hits record

SAN DIEGO, CALIFORNIA - JUNE 14:  Ichiro Suzuki #51 of the Miami Marlins warms-up during batting practice before a baseball game against the San Diego Padres at PETCO Park on June 14, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
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You’ll recall the little controversy last month when Ichiro Suzuki passed Pete Rose’s hit total. Specifically, when Ichiro’s Japanese and American hit total reached Rose’s American total of 4,256 and a lot of people talked about Ichiro being the new “Hit King.” You’ll also recall that Rose himself got snippy about it, wondering if people would now think of him as “the Hit Queen,” which he took to be disrespect.

There’s a profile of Ichiro over at ESPN the Magazine and reporter Marly Rivera asked Ichiro about that. Ichiro’s comments were interesting and quite insightful about how ego and public perception work in the United States:

I was actually happy to see the Hit King get defensive. I kind of felt I was accepted. I heard that about five years ago Pete Rose did an interview, and he said that he wished that I could break that record. Obviously, this time around it was a different vibe. In the 16 years that I have been here, what I’ve noticed is that in America, when people feel like a person is below them, not just in numbers but in general, they will kind of talk you up. But then when you get up to the same level or maybe even higher, they get in attack mode; they are maybe not as supportive. I kind of felt that this time.

There’s a hell of a lot of truth to that. Whatever professional environment you’re in, you’ll see this play out. If you want to know how you’re doing, look at who your enemies and critics are. If they’re senior to you or better-established in your field, you’re probably doing something right. And they’re probably pretty insecure and maybe even a little afraid of you.

The rest of the article is well worth your time. Ichiro seems like a fascinating, insightful and intelligent dude.

There will be no criminal charges arising out of Curt Schilling’s video game debacle

Curt Schilling
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In 2012 Curt Schilling’s video game company, 38 Studios, delivered the fantasy role-playing game it had spent millions of dollars and countless man hours trying to deliver. And then the company folded, leaving both its employees and Rhode Island taxpayers, who underwrote much of the company’s operations via $75 million in loans, holding the bag.

The fallout to 38 Studios’ demise was more than what you see in your average business debacle. Rhode Island accused Schilling and his company of acts tantamount to fraud, claiming that it accepted tax dollars while withholding information about the true state of the company’s finances. Former employees, meanwhile, claimed — quite credibly, according to reports of the matter — that they too were lured to Rhode Island believing that their jobs were far more secure than they were. Many found themselves in extreme states of crisis when Schilling abruptly closed the company’s doors. For his part, Schilling has assailed Rhode Island politicians for using him as a scapegoat and a political punching bag in order to distract the public from their own misdeeds. There seems to be truth to everyone’s claims to some degree.

As a result of all of this, there have been several investigations and lawsuits into 38 Studios’ collapse. In 2012 the feds investigated the company and declined to bring charges. There is currently a civil lawsuit afoot and, alongside it, the State of Rhode Island has investigated for four years to see if anyone could be charged with a crime. Today there was an unexpected press conference in which it was revealed that, no, no one associated with 38 Studios will be charged with anything:

An eight-page explanation of the decision concluded by saying that “the quantity and qualify of the evidence of any criminal activity fell short of what would be necessary to prove any allegation beyond a reasonable doubt and as such the Rules of Professional Conduct precluded even offering a criminal charge for grand jury consideration.”

Schilling will likely crow about this on his various social media platforms, claiming it totally vindicates him. But, as he is a close watcher of any and all events related to Hillary Clinton, he no doubt knows that a long investigation resulting in a declination to file charges due to lack of evidence is not the same thing as a vindication. Bad judgment and poor management are still bad things, even if they’re not criminal matters.

Someone let me know if Schilling’s head explodes if and when someone points that out to him.