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Texas Uniform Trade Secrets Act

Astros again seek to dismiss Bolsinger lawsuit

They will probably succeed.

Did not age well

The Astros have submitted their proposal for a Harris County judge to dismiss former Toronto Blue Jays reliever Mike Bolsinger’s lawsuit against the team.

Bolsinger has alleged trade misappropriation and sought more than $1 million in damages in the wake of Houston’s sign-stealing scandal in the 2017 season.

[…]

In the Astros’ 17-page motion to dismiss submitted on Tuesday night, the team pointed to Bolsinger’s misinterpretation of Texas’ trade secrets law and called Bolsinger’s lawsuit an attempt “to turn a headline-grabbing sports story into a cash recovery.”

According to the Astros’ motion, Bolsinger needed to prove ownership of the trade secrets, misappropriation of them and injury caused by the misappropriation to recover any damages under the state’s trade secrets law. The club claimed he did not.

The motion, submitted by Astros attorneys Hilary Preston and James L. Leader, challenged the notion that Toronto’s signs are even secrets at all.

“The signs are not trade secrets, and, to the extent that any party can “own” hand gestures meant to convey pitching strategy, the signs are owned by the Toronto Blue Jays, not (Bolsinger),” the Astros wrote in their motion.

“The signs are hand gestures made in front of thousands of spectators, and the mere fact that the Blue Jays attempted to conceal the meaning of those signs from the Astros’ hitters does not turn those gestures into trade secrets under Texas law.”

See here for the previous update. As noted, Bolsinger had sued in Los Angeles originally, but that suit was tossed on the grounds that California didn’t have jurisdiction, so he re-filed in Harris County. I don’t buy his argument and expect the suit to be dismissed, but we’ll see.

Former MLB pitcher re-files lawsuit against Astros

It’s the second attempt to sue them for damages over the sign stealing scheme from 2017.

Did not age well

Continuing to maintain that the Astros’ 2017 sign stealing cost him a job in the major leagues, former Toronto Blue Jays pitcher Mike Bolsinger refiled his lawsuit against the team in Harris County District Court on Thursday afternoon.

Bolsinger, who hasn’t pitched in the majors since allowing four runs and four walks in a third of an inning against the Astros on Aug. 4, 2017, contends his signs were trade secrets under Texas’ Uniform Trade Secrets Act. He is seeking more than $1 million in damages.

A judge in California dismissed Bolsinger’s lawsuit in March, citing in part an attempt by Bolsinger and his attorneys to try to extract sympathy from potential jurors who were fans of the Los Angeles Dodgers, the team the Astros beat in the 2017 World Series. In March 2020, the Astros asked a Los Angeles Superior Court judge to dismiss the suit in a motion that called the case “utterly devoid of merit.”

[…]

Bolsinger’s new suit claims the Blue Jays’ signs are defined as “trade secrets” under section 134A.002(6) of the Texas Uniform Trade Secrets Act. Bolsinger alleges “willful and intentional misappropriation of the trade secrets.”

“The owners of these trade secrets had taken the reasonable measures customary in the baseball industry to keep the signs secret,” Bolsinger’s suit reads. “Moreover, the signs derived independent economic value, actual or potential, from not generally being 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.”

See here and here for the background, and here for a copy of the lawsuit, which is also embedded in the story. I either missed the dismissal of the original case or I just never got around to blogging it. Regardless, and in my vast legal experience as some guy on the Internet, this sure seems like a longshot. Not to put too fine a point on it, but if the signs were a trade secret, they wouldn’t be trivially easy to crack. I have a hard time believing this will survive a motion to dismiss. You actual lawyers out there, please feel free to tell me why I’m wrong about this.