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Anti-aging clinic owner sues Major League Baseball, claiming it ruined his business

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That lawsuit we mentioned yesterday was filed today. The plaintiff is a former minor leaguer, former training academy owner and former anti-aging clinic owner, Neiman Nix. He sued Major League Baseball in New York today alleging that it and its investigators ruined his anti-aging and supplement business via heavy-handed and, in some cases, illegal acts in the course of the Biogenesis investigation.

Nix, who was a 29th round draft pick of the Reds in 1998 but whose career ended early due to arm injuries, operated a Florida anti-aging and supplement business called DNA Sports Labs. Nix says that during the Biogenesis investigation Major League Baseball’s investigators — including those who were subsequently fired following allegations of unprofessional and possibly illegal conduct — threatened him and his business with criminal charges, spread false allegations about him and his businesses and claimed to others to be DEA and FBI agents in the course of doing so. Nix says all of this was done with the knowledge of and at the direction of Rob Manfred, who led the investigation on behalf of Bud Selig and Major League Baseball.

Nix further claims that MLB investigators hacked into and/or caused the closure of his company’s social media accounts, YouTube account and PayPal, which he used as his primary mode of advertising and payment, forcing them to be taken down and his business to subsequently close. Finally, he claims that MLB investigators falsely accused him of selling performance-enhancing drugs to major league players, which harmed his reputation and ultimately ruined his business.

Nix’s complaint alleges that this was not the first time MLB has messed with him. Before opening DNA Labs, Nix owned a training facility for unsigned players in Clearwater, Florida. Nix claims that in 2011, at the prodding of a disgruntled former employee, MLB investigators falsely accused him of claiming to employ real major league scouts in order to lure clients to his academy. Once this lie spread, Nix claims, it caused his business to tank and he had to sell his controlling stake.

Nix previously sued Major League Baseball in Florida in 2014 under many of these same facts. Nix claimed that the attacks on his social media accounts — accomplished primarily by MLB investigators falsely informing YouTube, PayPal and other services on which DNA Labs depended that Nix was associated with Biogenesis — took place in retaliation for Nix filing the Florida suit. That lawsuit was dismissed without prejudice. You can read the entire suit at the embedded link below. I would not expect Major League Baseball to have any substantive comment on the suit, if indeed it does comment on it at all.

As for the merits: it’s hard to say based on just a complaint. These things always turn on the facts, and presenting actual evidence is not the purpose of a complaint. It’s worth noting, however, that Nix is not the first person to accuse Major League Baseball and its investigators of misconduct during the Biogensis investigation and, again, its lead investigators on the Biogenesis case were subsequently fired. Moreover, going back to the Mitchell Report, Major League Baseball has a history of closely associating itself with law enforcement and hiring former law enforcement officers in the course of what are, essentially, internal company investigations. It’s not crazy to assume, therefore, that at some point its investigators either created the impression that they were, in fact, members of law enforcement or allowed that impression to persist, much to their advantage. And, allegedly, in violation of the law.

The claims Nix asserts — tortious interference with business relationships — are often hard to win. But they’re not frivolous. The mud through which Major League Baseball trudged in order to nail Alex Rodriguez and the other ballplayers at the end of the Biogenesis investigation was pretty thick. It’s not at all shocking, therefore, that Major League Baseball is now accused of having a great deal of it on its shoes.

UPDATE: Major League Baseball has released a statement in response to the lawsuit:

“The lawsuit filed today by Neiman Nix against MLB repeats many of the same allegations he asserted in a Florida lawsuit that was dismissed in 2014. Mr. Nix’s new attorney, Vincent White, has in the past made outrageous claims about MLB. Mr. White’s purported source for this lawsuit is a disgruntled former MLB employee who was terminated for cause. Mr. White has been threatening to file this lawsuit for months in an attempt to coerce MLB into paying his client. MLB considers the allegations in this lawsuit, including the allegations relating to the hacking of DNA Sport Lab’s social media accounts, to be sanctionable under New York law. Other than noting that in Paragraph 40 of the Complaint Mr. Nix admits to selling products purportedly containing at least one banned performance-enhancing substance (IGF-1), MLB has no further comment on this frivolous lawsuit.”

Saying it’s “sanctionable” is a shot at the lawyer who filed it, saying that it was unethical for him to file the suit, not merely that the suit has no merit. That’s way beyonf the usual rhetoric you see. So buckle up, kids. This should be a bumpy ride.

Nix Complaint MLB by craigcalcaterra on Scribd

Will fans be allowed to attend MLB playoff games?

The MLB Playoffs are underway!
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After a condensed 60-game regular season, the MLB playoffs kicked off this week with an usual 16-team format that you can read more about below, but one of the many questions on everyone’s mind is whether or not fans will be allowed to attend MLB playoff games.

Will fans be allowed to go to MLB playoff games?

There have been no spectators at any games this season but MLB Commissioner Rob Manfred is hopeful that fans will be able to attend the National League Championship Series and World Series Games. Both will take place in Texas which has been one of the few states allowing spectators to attend events this year.

“We are pressing ahead to have fans in Texas with a ticket sales announcement expected soon,” said Manfred to reporters at USA Today Sports. “One of the most important things to our game is the presence of fans. Starting down the path of having fans in stadiums, and in a safe and risk-free environment, is very, very important to our game.’’

Earlier this month, the Dallas Cowboys allowed over 21,000 fans into AT&T Stadium for the home opener. However, the MLB is still waiting for approval from Texas government officials. ALCS and NLCS games are expected to begin on October 11 and 12, respectively.

Below is the format and locations for each round. Unlike the regular season, there will be a bubble setup for each series in the postseason with the exception of the Wild Card round. Click here for the MLB schedule and scoreboard.

MLB Playoffs Format

Wild Card Series (Best-of-three): September 29 – October 2

All games will be held at the higher seed’s ball park.

American League

No. 1 Rays vs. No. 8 Blue Jays
No. 2 Athletics vs. No. 7 White Sox
No. 3 Twins vs. No. 6 Astros
No. 4 Cleveland vs. No. 5 Yankees

National League

No. 1 Dodgers vs. No. 8 Brewers
No. 2 Braves vs. No. 7 Reds
No. 3 Cubs vs. No. 6 Marlins
No. 4 Padres vs. No. 5 Cardinals

Division Series (Best-of-five): October 5 -10

The American League Division Series will be contested at Petco Park in San Diego and Dodger Stadium in Los Angeles. The National League Division Series will be held at Globe Life Field in Arlington, Texas and Minute Maid Park in Houston.

League Championship Series (Best-of-seven): October 11-18

The American League Championship Series will be held at Petco Park in San Diego while the National League Championship Series will take place at Globe Life Field in Arlington.

World Series (Best-of-seven): October 20-28

The World Series will be held at Globe Life Field in Arlington. Home field advantage will go to the team with the best regular-season record.

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