Mike Bolsinger Sues Astros for Sign-Stealing

Mike Bolsinger is suing the Astros for lost earnings as a result of getting hammered and knocked out of the majors by a bad outing against the ‘Stros, with the garbage can banging away in the dugout.  His lawyers certainly found the right plaintiff, a pitcher who got knocked out and immediately sent down with recorded audio proof of the cheating.  MLB Trade Rumors’ Jeff Todd has a good piece which mentions some of the hurdles Bolsinger will face in order to get to discovery, at which point the Astros will probably settle for some several million dollars paid to Bolsinger and his lawyers in order to prevent all of the Astros’ dirty secrets from getting a fuller public airing.

I think it’s likely that the Astros will try to get the case kicked into arbitration, although Bolsinger may have an argument that cheating of this type isn’t covered by the Collective Bargaining Agreement and thus not arbitrable.  However, disputes as to arbitrability are usually left to the arbitrators themselves to decide — courts love kicking cases off to arbitration in these circumstances, because labor arbitrators have more experience in resolving collectively bargained contracts and issues than state court judges.  Kicking cases into binding arbitration, where both sides are well represented by competent legal counsel also conserves state court judicial resources.

An argument I would expect the Astros’ lawyers to raise is whether a California State Court in Los Angeles has personal jurisdiction to hear this dispute.  As I understand it, most of the sign-stealing cheating took place in Houston, although wikipedia’s description of the methods used suggest they could also have been used on the road so long as the Astros could get a live video-feed of the game.  In any event, the day that Bolsinger got hammered happened in Houston.

Thus, it may be necessary for Bolsinger’s lawyers either to find a California-based pitcher to add as a plaintiff and/or to prove that the Astros were stealing signs in Anaheim, Los Angeles, San Diego, San Francisco or Oakland.  The lawyers picked L.A. because it has a more liberal judiciary.  Orange County is more conservative, but Alameda County, where the A’s play, would probably have been a better choice, because it would probably be easier to prove the Astros cheated at the Oakland Coliseum than at Dodger Stadium in Los Angeles.

A 2017 U.S. Supreme Court case, Bristol-Myers Squibb, holds that to establish specific personal jurisdiction, the conduct complained of in the lawsuit must arise out of or relate to the defendant’s activities in the forum state such that the forum state’s court may only adjudicate issues deriving from or connected with the present controversy that establishes jurisdiction.  This is why I think Bolsingers’ lawyers need to present evidence that the Astros cheated in California and thus that a pitcher in California was negatively affected by the cheating to establish personal jurisdiction.

As I said, if the lawsuit gets past the pleading stage to discovery, I expect the case to settle.  If it did go to trial, Bolsinger would have a hard time proving damages.  While the outing at issue got him knocked out of the majors, he had a 5.49 ERA going into that game.  He’s also likely to find it nearly impossible to prove he would have made more after he was sent down by the Blue Jays, because he made more money in Japan the last two seasons than he would likely have made in the U.S. even if he’d been able to last a little longer in MLB.

I’m doubtful that any major league team will sign Bolsinger in the future.  They might if he was younger and better, but given where he is in his career, I expect him to be effectively black listed by MLB teams for committing the cardinal sin of suing them.

Explore posts in the same categories: Anaheim Angels, Houston Astros, Los Angeles Dodgers, NPB, Oakland A's, San Diego Padres, San Francisco Giants, Toronto Blue Jays

One Comment on “Mike Bolsinger Sues Astros for Sign-Stealing”

  1. brgcorbett Says:

    I believe you make a fair assessment of the situation. I’m thinking Bolsinger is looking to save a little face in terms of winning back a little of his reputation. Hell, if the Boys and Girls club of America or whichever charity for children can pickup a windfall in the process, then all the better.

    In my view the cheating scandal is not going away quietly, as much as MLB would like it to. I see some very stringent safe guards coming in at some point, and that will be a good thing. Bigger than Bolsinger’s reputation will be how league leadership is prepared to save it’s own.


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