Friday, March 22, 2013
MLB files suit against Biogenesis
?Craig's opinion on the suit that was filed by Proskauer, which all you NHL fans know all about:
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.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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