A-Rod’s lawsuit: dropping bombs, but maybe he has a grander tactical plan

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I finally finished reading A-Rod’s lawsuit against Major League Baseball.  If you haven’t read it, go here. It may be one of those most over-the-top, Earth-scorching lawsuits I’ve ever seen. Certainly in a sports context.

It’s Alex Rodriguez attempting to put Bud Selig and Major League Baseball on trial for Collusion against free agents in the 80s, the Steroids Era — which A-Rod claims was largely authored by Bud Selig — and generally for trying to destroy Rodriguez’s career, reputation and earning potential. It did so, he claims, by paying off witnesses, leaking the details of the Biogenesis investigation to the media and singling him out as the target of a vendetta. The complaint reads like acid in places, is hilarious in others and basically attempts to put baseball on trial for everything bad it has done since Selig has been around.

But so much of that is just noise and red meat for the press. A lawsuit is only as strong as its legal claims, and it’s worth noting that the legal end to all of these allegations is pretty small: two simple legal counts for tortious interference. One in which he alleged that Major League Baseball’s actions have caused him to lose out on business and endorsement deals and another in which he alleges that Major League Baseball is trying to interfere with his contract with the Yankees.

As we noted back in March when MLB filed its tortious interference suit against Biogenesis and again when San Jose sued MLB on tortious interference grounds back in June, such claims are often hard to establish. In order to prevail, you have to show the following:

  • that you had a contract with a third party (or that prospective contracts were in the offing);
  • that the defendant knowingly induced the third party to break the contract;
  • that the defendant had an improper motive or means for doing so; and
  • that you were harmed by such actions

In the Biogenesis suit, MLB’s harm, as stated in the complaint, was laughable. In the San Jose suit, San Jose’s contracts are imaginary, not real. In this case A-Rod can make valid claim to real contracts — his Yankees contract chief among them — and harm that will result from his suspension. But what I’m struggling with is how he will establish Major League Baseball’s improper motive and means.

Even if we think MLB has overreached — which I do — MLB has been acting and continues to act in furtherance of a valid drug enforcement regime. In collecting evidence, issuing discipline and suspending players, MLB has been fulfilling its legal obligations under the CBA, so the very act of the proceedings against A-Rod are, at least on the surface, valid. Maybe they secretly harbor a vendetta, but they have total deniability of that in saying that their motive here is to police PED use by baseball players.

So then we go to means. As A-Rod’s lawyers so helpfully remind everyone at paragraph 37 of the complaint, I personally think that the way in which MLB has gone about gathering evidence is bogus. The main tool they used — the Biogenesis lawsuit — is clearly a sham, designed to get documents and not actually redress injury.  But that’s just my view. The court handling that case has validated the suit by refusing to dismiss it and by continuing to let major league baseball collect evidence and depose people. I think the court was wrong to do so, but it’ll be hard for A-Rod to get this court to rule that an active lawsuit is a tortious act in and of itself.

So then we get to the leaks. Again, I think there have been all kinds of loose lips in this case, but how will A-Rod establish that Major League Baseball has violated the confidentiality provisions of the CBA and JDA? Calling reporters to the stand and having them explain who at MLB told them what? We’ve seen that kind of drama before. Reporters will not burn their sources. And even if they did, are we really so naive as to think that only MLB has leaked things? I think we can confidently say that lots of different parties with lots of different agendas have leaked things. As such, it’d be hard for A-Rod to get a lot of traction here.

A final hurdle — although it may very well be a threshold issue in this case — is whether a court should actually hear this case in the first place. The JDA and CBA say that disputes between Major League Baseball and players should take place in arbitration. Obviously this suit is A-Rod’s way of saying that he no longer has to do that because MLB, in his view, has misbehaved. But a court may not buy that and may refuse to hear the case, saying it’s a matter of arbitration. If that happens, the lawsuit ends before it begins and A-Rod is back in the arbitration room every day.

What’s more — and this could loom pretty significantly — the players union itself, who is A-Rod’s nominal defense in the arbitration, has a vested interest in protecting the integrity of the arbitration process. The MLBPA, therefore, may feel obligated to break with A-Rod now and tell this court it shouldn’t hear the case because the arbitration must be respected. This would be a very big deal.

Which — now that I think about it — could be A-Rod’s plan. Well, his plan in addition to simply excoriating Bud Selig and Major League Baseball in as loud a voice as possible. The plan is this: Force his union representation to take a stand against him. That, in turn, blows up the arbitration which cannot go on if the union and league are now on the same side of a critical issue. With the arbitration in limbo, A-Rod and MLB are back to square one, A-Rod is eligible to play and there is no basis for denying him his paychecks. If such a thing were to happen, MLB may not want to proceed with a new arbitration. It may try to reach out to make a deal.

All of that is wild speculation, of course. But this is a wild case. And with it the Biogenesis matter, which we thought was nearing its end, may still have many twists and turns before its final resolution.

MLB executive: Bruce Maxwell’s kneeling may keep him from finding work, not his arrest

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In September 2017, former Athletics catcher Bruce Maxwell became the first major league player to kneel during the national anthem, joining the handfuls of NFL players who had been doing the same to protest police brutality and racial inequality. Maxwell’s effort was laudable, but he got into trouble a month later when he was arrested for aggravated assault with a deadly weapon and disorderly conduct. Maxwell allegedly pointed a gun at a food delivery person.

Maxwell, 27, played sparingly for the Athletics in 2018 and then was designated for assignment at the beginning of September. He officially became a free agent on November 2 and has had trouble finding work in the month-plus since.

Susan Slusser of the San Francisco Chronicle reports that Maxwell fired his agent, Matt Sosnick on Thursday because he’s still jobless. According to an unnamed MLB executive Slusser spoke to, “It’s the kneeling thing that might keep him from getting another job, not the arrest. Owners aren’t going to want to deal with that whole anthem issue.”

That makes a lot of since since abusive players haven’t had too much trouble finding new work otherwise. Addison Russell, Jeurys Familia, and José Reyes, among others have either stayed with their teams or quickly found new work. Given the relatively weak catching market, had Maxwell only had the assault charge, there is no doubt he would have been signed to be a backup catcher somewhere.

In the NFL, Colin Kaepernick — who popularized kneeling during the anthem — has remained unsigned even though teams have opted to sign and start clearly inferior quarterbacks like Mark Sanchez, Josh McCown, Ryan Fitzpatrick, Jay Cutler, Matt Barkley, and Sam Bradford, among many others. Team owners tend to run conservative in terms of politics, so they may not like the protest to begin with, then there is the public blowback to signing such a player as those who dislike such protesting make up a slight majority in the U.S., according to various polls including one done by the Washington Post.

It’s worth noting that Maxwell has a career .240/.314/.347 triple-slash line in 412 plate appearances. We’re not talking about J.T. Realmuto or Buster Posey here. That being said, there have been 15 other catchers to have put up a lower aggregate OPS since 2016 (min. 400 PA). One of those players, Derek Norris (.600 OPS since 2016), signed a minor league contract with the Tigers just three months after being suspended by Major League Baseball for violating its domestic violence policy. Makes you think.