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

Clayton Kershaw might return to the Dodgers’ rotation next week

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Dodgers southpaw Clayton Kershaw is nearing his return to the mound, according to club manager Dave Roberts. Both Kershaw (left biceps tendinitis) and fellow lefty Rich Hill (left middle finger blister) are scheduled to toss simulated games on Saturday; depending on the outcome, Roberts says Kershaw could forgo a minor league assignment and slot back into the rotation by Thursday.

Kershaw, 30, was diagnosed with biceps tendinitis as the team closed out their Mexico Series at the start of the month. He has not made a start in several weeks, but was finally able to resume throwing on Sunday and managed to get through two successful bullpen sessions. Though Dodgers’ ace hasn’t been completely injury-free over his 11-year career in the majors, this is the first significant issue he’s had with his pitching arm so far. The team is expected to take every precaution with the lefty, and will likely limit him to just four innings during Saturday’s simulated game.

Prior to his injury, Kershaw was working on another dominant run with the club, sporting a 2.86 ERA, 2.0 BB/9 and 9.8 SO/9 through his first 44 innings of the season. While Kershaw, Hill and left-handed starter Hyun-Jin Ryu served their respective terms on the disabled list this month, the Dodgers utilized a combination of relievers Ross Stripling and Brock Stewart, both of whom impressed during their limited time in the rotation.