We Still Want Houston: Why Bolsinger’s Decision to File Suit Against Astros for Cheating Scandal Failed

As a proud Houstonian, I clearly remember the excitement at home when the Astros won the 2017 World Series right after the devastation of Hurricane Harvey. As of last night, we are also now the 2022 World Series champions! A historic moment for my city as we claim our 2nd World Series championship. However, the Astros’ sign-stealing scandal lingers in the background of these achievements, subsequently leading to MLB sanctions and lawsuits. While multiple suits exist in which plaintiffs range from gamblers to season ticket holders, I will specifically address the merits of Mike Bolsinger’s claim of trade misappropriation against the Astros which he believes effectively ended his MLB career.

During the 2017 and 2019 MLB seasons, the Astros engaged in illicit sign stealing that provided a clear advantage during games. Public knowledge of the cheating did not occur until the release of an article by The Athletic in November of 2019. Whistleblower Mike Fiers detailed how the Astros utilized a camera placed in center field seats to film the opposing catcher’s signals to the pitcher regarding the next pitch. Players watching the live camera footage behind the dugout utilized various signals such as banging on a trash can to communicate to the batter what type of pitch would next occur. After investigating and confirming this information, the MLB suspended Astros general manager Jeff Luhnow and field manager A.J. Hinch, imposed the maximum fine of five million dollars, and forfeited their 2020 and 2021 first and second-round draft picks. In addition to MLB sanctions, the Astros encountered several lawsuits, most curiously by a former Toronto Blue Jays player named Mike Bolsinger.

Despite his former affiliation with Los Angeles as a player for the Dodgers, Mike Bolsinger’s original 2019 suit against the Astros filed in Los Angeles County blatantly lacked standing. Mike Bolsinger’s last game as a pitcher for the Toronto Blue Jays happened to occur against the Houston Astros in Houston, TX. Since the game took place in Houston, from a jurisdictional perspective one would question why Bolsinger chose to file suit in Los Angeles County. Bolsinger’s only connection to Los Angeles County includes his position as a former Los Angeles Dodgers pitcher from 2015 to 2016. Therefore, why would Bolsinger desire to file suit in Los Angeles? 

Returning to the Astros' World Series win in 2017, they beat another team: the Los Angeles Dodgers. By taking this suit to trial in Los Angeles, Bolsinger hoped that the disdain amongst Dodgers fans towards the Astros would influence the outcome of his case. This point was noted by Los Angeles Superior Court judge Robert Draper who decided to dismiss the case as there existed no connection between this case and the state except for Bolsinger’s strategic desire to capitalize on resentment from upset Dodgers fans. This led Bolsinger to refile his suit in Harris County, Texas. 

With Bolsinger filing suit in the appropriate county, we may evaluate the actual merits of the case based upon the facts. First, we must define the applicable law in this case. Bolsinger argues that by using cameras to sign-steal, the Astros violated Texas’ Uniform Trade Secrets Act, a state law deterring businesses from practices such as insider trading. The Texas Code of Civil Practice & Remedies defines a trade secret as “all forms and types of information” that “the owner of the trade secret has taken reasonable measures under the circumstances to keep the information secret; and the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by another person who can obtain economic value from the disclosure or use of the information.” Applying the law to baseball, one sees how a pitcher’s hand sign to the catcher is included in “all forms and types of information.” Additionally, there exists economic value in knowing the pitcher’s signs as that provides a clear advantage to the opposing team in winning a game and the monetary rewards of that win are reflected in player bonuses as well as sales. 

Despite the applicability of Texas law, the plaintiff fails to show how this game directly ended his career. The Plaintiff’s facts presented in the suit state that during the game the Blue Jays plucked Bolsinger from the bullpen to get the last out of the third inning. Though Bolsinger succeeded, he gave up four runs and seven consecutive batters reached base. Banging on a trash can to indicate the throwing of an off-speed pitch preceded twelve of the twenty-nine pitches Bolsinger threw. This, Bolsinger claims, effectively ended his career as a Major League Baseball player. However, playing only part of one inning in a game does not define one’s entire baseball career. Bolsinger’s MLB career record is 8-19 with a 4.92 earned-run average, not promising statistics for one’s continued career in professional sports. Therefore, it seems difficult for Bolsinger to relate the game to the injury of losing his MLB career. Apparently, Bolsinger agrees since he voluntarily dropped the suit against the Astros. 

Alexandra Herrera is a senior at Brown University, concentrating in Sociology with a focus in law and public policy. She is a staff writer for the Brown University Undergraduate Law Review and can be contacted at alexandra_herrera@brown.edu.