ESPN reported that MLB sued Anthony Bosch. According to the news agency, MLB accused Anthony Bosch of scheming to provide banned performance-enhancing drugs to players in violation of their contracts. Being a lawyer and a baseball agent, let’s just say this issue is intriguing and likely frivolous for the following reasons.
First, there is a legal term called “standing.” Standing means a party has a right to make a legal claim or seek judicial enforcement of a duty or right. Accusing a person of scheming is one thing, but suing them because you have a right is another. It is the opinion of this baseball agent and lawyer that this case will turn into very little without showing MLB had standing. Thus, the fact MLB sued Anthony Bosch is likely being used for other reasons – like obtaining a “list” of major league baseball players. None the less, it is frivolous.
Second, the issue specific to Anthony Bosch is more likely to be an issue between him and a regulated health agency or licensing agency. In other words, it isn’t illegal to sell or advise persons on drugs (provided you have a license to offer this type of opinion). A baseball player seeking a legal drug or digestible food product is not an issue; even if the legal drug or digestible food product is specifically identified within a Collective Bargaining Agreement is certainly not an issue assuming it complies with regulatory concerns. In other words, just because Major League Baseball states a drug is banned according to a Collective Bargaining Agreement on its face does not support a cause of action in a court of law. Thus, if MLB sued Anthony Bosch for reasons related to health and regulatory concerns, doing so is not a cause of action.
Third, accusing another person of “scheming” is not a cause of action nor does it appear to support damages. In other words, having a valid cause of action is one thing – but there has to be actual “damages” in order to sue another person or entity. What would the damages possibly be? Of course, it is extremely probable a current or past baseball player has a legal cause of action against Anthony Bosch (defamation, fiduciary responsibility, professional responsibility, etc.), but what damages did MLB suffer? The fact a baseball player suffered damages does not translate into MLB suffering damages. Thus, if MLB sued Anthony Bosch, it is likely going to be an uphill battle for the simple reason MLB didn’t suffer damages.
It is the opinion of this baseball agent that the fact MLB sued Anthony Bosch is not a “game changer” as suggested by ESPN. This is true because the suit is likely frivolous for lack of standing, lack of a legitimate legal cause of action, and if there was a cause of action the claim likely doesn’t support damages.