Expressio unius?

The contract of baseball slugger and alleged steroid user Jason Giambi may give rise to an interesting contract interpretation question.

The standard baseball contract, it seems, contains provisions barring the player from using various performance-enhancing substances.  It specifically mentions “steroids.”  During negotiation of Giambi’s contract with the New York Yankees, the term “steroids” was dropped, although general language remained.

One reading of the contract is that cutting the term “steroids” was a recognition that Giambi used steroids, and thus that using them would not be a breach of his contract.  The Yankees, however, apparently are arguing that the term was dropped because it was surplusage, and that steroids were already covered under the remaining broad language of the agreement.