MLB sues Biogeneis, Anthony Bosch, claims interference with contract

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Major League Baseball has filed its lawsuit against Anthony Bosch and Biogenesis. There are multiple other defendants as well.* The claim: that by selling drugs to major league players, Biogenesis and Anthony Bosch “enabled such Players to possess and/or use [performance enhancing drugs] and thus knowingly and intentionally caused and/or induced such Players to breach their contractual obligations under MLB’s Joint Drug Prevention and Treatment Program not to possess or use [performance enhancing drugs].”

UPDATE: The entire complaint can be seen below.

This morning my primary legal criticism of the claims were that Major League Baseball could not show damages as a result of these acts. I have not changed my mind, if for no other reason than the contract MLB claims interference with is the Joint Drug Agreement, in which MLB has no direct financial interest. Indeed, it EXPECTS the JDA to be breached and has built in a punishment system because of it. When a player takes PEDs he violates it, by definition. Major League Baseball does not have a cause of action for breach of contract against them. How Major League Baseball expects to get greater satisfaction from an alleged third party tortfeasor than it could get from a party to the contract is … interesting.

That said, here are their damages allegations:

Due to Defendants’ actions, MLB has suffered damages, including the costs of investigation, loss of goodwill, loss of revenue and profits and injury to its reputation, image, strategic advantage and fan relationships.

Nothing surprising. But also nothing which seems at all to be the stuff of a meritorious lawsuit.  It’s loss of goodwill, outside of that involving a few columnists, is impossible to quantify. Its revenue and profits are at record highs and many would argue that these were achieved thanks in part to the PED-inflated offensive numbers of the past 20 years, not despite it.

This lawsuit is crazy on its face. It should be thrown out of court. I am shocked Major League Baseball found someone who would file it.

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*The defendants:  BioGenesis of America, LLC, a Florida Limited Liability Company (“BioGenesis”); Biokem, LLC, a Florida Limited Liability Company (“Biokem”); Anthony P. Bosch (“Bosch”); Carlos Acevedo (“Acevedo”); Ricardo J. Martinez (“Martinez”); Juan Carlos Nunez (“Nunez”); Marcelo Albir (“Albir”); and Paulo da Silveira

Tyler Glasnow scheduled to rejoin Rays’ rotation

Jonathan Dyer-USA TODAY Sports
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ST. PETERSBURG, Fla. — Tampa Bay Rays right-hander Tyler Glasnow is scheduled to rejoin the rotation at Cleveland after missing nearly 14 months because of Tommy John surgery.

The Rays’ Opening Day starter last year hasn’t pitched this season after undergoing the procedure on Aug. 4, 2021.

“I think we’re pretty confident he’ll be starting for us,” Tampa Bay manager Kevin Cash said before the game with Toronto. “This is the first time he’s thrown pain-free in quite some time, so he’s encouraged by it.”

The 6-foot-8 right-hander went 5-2 with a 2.66 ERA in 14 starts last year and is a key addition as the Rays near a wild-card spot.

“Compared to the past, like, three years it feels way better as far as postday and the week leading into starts and stuff,” Glasnow said. “It’s good to have an UCL, you know.”

Cash said Glasnow will throw around 45 pitches in his initial outing, which should allow him to go two or three innings.

“Two innings of Glasnow is still a huge plus for our team,” Cash said. “Like to get three innings. If we do, great. If we don’t, that’s fine, too.”

Glasnow allowed one run, one hit, four walks and had 14 strikeouts over seven innings in four starts with Triple-A Durham.

“I’m really excited,” Glasnow said. “I’m approaching it like normal, staying on routine. Feels normal.”

Glasnow signed a two-year, $30.35 million contract that will delay the start of his free agency by one year last month. He’s making $5.1 million this year and will get $5.35 million next season and $25 million in 2024, which is the first year he would have been eligible for free agency.