Avoiding contractual liability to baseball players who have used performance enhancing drugs: can we knock it out of the park?

In 2007, Alex Rodriguez signed a $275 million, ten-year contract with the New York Yankees, setting the record at the time for largest sports contract in history.1 Since then, he has faced many allegations of performance enhancing drug (―PED‖) use, one of which he confirmed through a public admission.2 Regardless of these allegations and admissions, Rodriguez continues to reap the benefits of his record deal despite the fact that his performance has been rapidly declining in recent years.3 When Rodriguez initially received his massive payday, he was one of best players in the game, having previously won three American League Most Valuable Player awards.4 By most accounts, his PED usage contributed greatly to the many successes early on in his career. Rodriguez is not alone in his transgressions. Baseball‘s drug problem came into the light in the now infamous Mitchell Report,5