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

Bellinger lifts Dodgers over Brewers 2-1 in 13

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LOS ANGELES (AP) Cody Bellinger singled home the winning run in the 13th inning, lifting the Los Angeles Dodgers over the Milwaukee Brewers 2-1 on Tuesday night and tying the NL Championship Series at two games apiece.

Bellinger grounded a 3-2 pitch from Junior Guerra into right field, scoring Manny Machado, who slid home and touched the plate with his left hand to beat the tag and end a thriller that took 5 hours, 15 minutes.

The Dodgers struck out 17 times; the Brewers 15.

Game 5 in the best-of-seven series is Wednesday afternoon at Dodger Stadium, with Wade Miley going for the Brewers against fellow lefty Clayton Kershaw. The teams return to Milwaukee for Game 6 on Friday.

With one out in the 13th, Machado had a broken-bat single to left field and went to second on Guerra’s wild pitch. With first base open and slumping Yasmani Grandal on deck, the Brewers chose to pitch to Bellinger – and it cost them.

Bellinger, who entered as a pinch hitter in the sixth, also had the defensive play of the game. He made a diving catch on his belly of a ball hit by Lorenzo Cain leading off the 10th, spreading his arms out and sliding like a snow angel in right field.

Both teams used all their position players and wasted numerous chances.

Dodgers starter Rich Hill allowed one run and three hits in five innings. The left-hander struck out six and walked three.

The Brewers tied the game 1-all in the fifth on pinch-hitter Domingo Santana‘s RBI double that took one hop against the right-field wall with Yasiel Puig scrambling in pursuit.

The Dodgers led 1-0 on Brian Dozier‘s RBI single in the first off Gio Gonzalez, who left after twisting his ankle while fielding an infield single by Puig in the second.

The sellout crowd of 53,764 was considerably noisier than on Monday, when Enrique Hernandez criticized Dodgers fans for being too quiet. Joc Pederson and Bellinger waved blue rally towels in the dugout.

But the Dodgers again struggled offensively after going 0 for 10 with runners in scoring position in a 4-0 loss in Game 3.

The Brewers had the potential go-ahead run at third in the seventh. Manny Pina doubled against Kenta Maeda leading off, thrusting his hips and waving his arms in a display that drew boos. Orlando Arcia flied out to left, with Chris Taylor and Bellinger nearly colliding before Taylor made a sliding catch.

Pina took third on pinch-hitter Curtis Granderson‘s flyout to center before Cain grounded out to second against Dylan Floro to end the inning.

The Dodgers had runners on the corners in the bottom of the eighth against hard-throwing Josh Hader, who pitched for the second consecutive day.

Pinch-hitter Matt Kemp struck out to end the threat.

The Brewers had a chance in the ninth. Pina drew a one-out walk from Dodgers closer Kenley Jansen. With fans on their feet, Arcia grounded out, moving pinch-runner Hernan Perez to third. Pinch-hitter Travis Shaw struck out swinging on four pitches.

Corey Knebel allowed a two-out walk to Taylor in the bottom of the ninth but Justin Turner flied out to center.

In the 10th, Ryan Braun singled with two outs and stole second against Jansen, who struck out Jesus Aguilar to end the inning.

MANNY’S MOVE

Machado allowed his left leg to clip the lower right leg of Aguilar at first base while getting thrown out on a routine play in the 10th. Aguilar appeared upset and the two exchanged words. Both benches and bullpens emptied, but no punches were thrown.

MANNY’S CUP OF TEA

Machado says there’s “no excuse” for his lack of effort while running the bases.

It was especially notable in Game 2 when he failed to run out a grounder hit to Brewers shortstop Orlando Arcia with no score.

“There’s no excuse for it, honestly,” Machado said in an interview aired on Fox Sports 1 before Game 4.

However, Machado says he has no plan to change his style.

“I’m not the type of player that’s going to be `Johnny Hustle,’ and run down the line and slide to first base,” he said. “That’s just not my personality, that’s not my cup of tea, that’s not who I am.”

Machado can become a free agent after the season.

TICKETS ANYBODY?

The Dodgers say tickets are still available for Game 5, which begins at 2:05 p.m. PDT.

UP NEXT

Brewers: Miley makes his third postseason start in Game 5 on Wednesday. He pitched 5 2/3 scoreless innings in Game 2 of the NLCS, allowing two hits while striking out three and walking none. His other start came in Game 3 of the NLDS at Colorado. He didn’t factor in the decision either time.

Dodgers: Kershaw took the loss in Game 1 against the Brewers. Kershaw had the best postseason outing of his career in Game 2 of the NLDS against the Braves, allowing two hits over eight shutout innings.

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