Chuck Reed San Jose

San Jose sues Major League Baseball, challenging its monopoly power


The City of San Jose has sued Major League Baseball in an effort to get the Oakland A’s to relocate to San Jose, to challenge the Giants claim to rights over the territory and to challenge Major League Baseball’s long-standing monopoly power.

The lawsuit, a copy of which can be seen here, and which is analyzed in-depth here, alleges that Major League Baseball has caused San Jose to lose prospective financial benefits and deals by virtue of the A’s moving there and violations of state and federal antitrust laws.

This will get big headlines, but until I see the lawsuit or have someone tell me otherwise, I can’t see how the City of San Jose would have a leg to stand on. Literally: I think legal standing is a big, big problem here.

Standing, for purposes of a lawsuit, is the idea that focuses on whether a plaintiff in a lawsuit can show that he or she some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. You may be very interested in a big real estate deal going down, but you can’t sue the people involved for not letting you into the deal on the idea that, “man, I would’ve made a ton of money!”  You have to be in the deal already and have your rights violated.

I don’t see how San Jose has that standing here. Yes, they would benefit greatly from the A’s moving to San Jose and yes MLB’s monopoly rules which control where franchises can and cannot be are preventing it. But they are not party to those rules. They have no hard and fast deal with the Oakland A’s yet. There have been statements of principles and plans announced pending MLB approval of an A’s move, but nothing hard and in stone. Indeed, if the A’s had committed to San Jose in such a way already, the Giants and/or Major League Baseball likely would have sued them by now.

I hate baseball’s monopoly power. I think it makes watching games on TV difficult and I think it makes the game less competitive by keeping teams from doing everything they can to compete. But that doesn’t give me the right to sue Major League Baseball over it. The A’s in San Jose would make San Jose’s life way better too, many would argue. But just because they’re not doesn’t give San Jose the right to sue either. What would make this different is if Lew Wolff and the A’s were involved. And I find it almost impossible to believe that they would be.

UPDATE: How about more than impossible the A’s would be involved here. From Michael McCann’s column about Frank McCourt back in 2011 in Sports Illustrated:

MLB could also highlight the “waiver of recourse” clause found in the MLB constitution. This clause prevents clubs from engaging in litigation against the commissioner, the league or other owners. Indeed, by virtue of becoming a franchise owner, an owner waives away the right to seek remedies that would normally be available through the legal system. The clause also compels owners to resolve their differences internally and to accept the commissioner’s judgment as binding.

This would prevent the A’s from joining in.  I’m told the San Jose complaint, however, alleges that the MLB Constitution is expired now. Which would be odd, but that’s the claim. Likely asserted so that the A’s could later join the suit if it gets further down the road.

Maybe Alcides Escobar shouldn’t bat leadoff

Alcides Escobar
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Alcides Escobar finished with a .292 OBP this year. He came in at .246 in 117 at-bats in August and .257 in 109 at-bats between September and October, so he wasn’t exactly flying high entering the postseason. Still, that didn’t stop Ned Yost from putting him into the leadoff spot for Thursday’s Game 1 against the Astros.

Yost finally did reconsider hitting Escobar first in September. It took Alex Gordon‘s return to health, plus the previous addition of Ben Zobrist to the lineup, in order to make that happen. However, it didn’t stick. Escobar hit ninth in each of his starts from Sept. 7-26, batting .236 with a .276 OBP during that span. With five games left to go, he was suddenly returned to the leadoff spot. The Royals went on to win all five games. Yost saw it as a sign, even though Escobar went 5-for-22 with no walks in those games.

Escobar went 0-for-4 in Thursday’s loss to the Astros. He did not swing at the first pitch of the game, which probably explains the defeat.

It’s been difficult to argue with Yost since last year’s World Series run and this year’s incredible run out of the game. The blind spot with Escobar, though, gets rather infuriating. One can defend hitting him leadoff against the Astros’ lefties. His career OBP against southpaws is .319 (.316 this year). Against righties, he’s the most obvious No. 9 hitter alive, with a career .258/.290/.342 line (.252/.284/.314 this year). He’s not a pace-setter. He’s not a spark plug. He’s a liability.

Astros top Royals in Game 1 of ALDS

Houston Astros' Jose Altuve, left, celebrates with teammate Luis Valbuena after scoring a run during the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Orlin Wagner)

After shutting out the Yankees in the AL Wild Card game on Tuesday, the Astros beat the Royals 5-2 in Game 1 of the ALDS on Thursday at Kauffman Stadium. Road teams are now 4-0 to begin the 2015 postseason.

The Astros grabbed an early 3-0 lead against Yordano Ventura through two innings. Chris Young took over for the Royals after a 47-minute rain delay and was very effective for the most part, allowing just a solo homer to George Springer over four innings while striking out seven batters. Colby Rasmus, who homered in the Wild Card game, took Ryan Madson deep in the eighth inning to give the Astros’ bullpen some extra breathing room.

Collin McHugh stayed in after the rain delay and ended up tossing six innings while allowing just four hits and one walk. Kendrys Morales did all the damage against him with a pair of solo homers. He’s the first Royals player to hit two home runs in a postseason game since George Brett in the 1985 ALCS.

The Royals’ offense showed some signs of life in the bottom of the eighth inning with back-to-back two-out hits against Will Harris, but Oliver Perez got Eric Hosmer to foul out to end the threat. Luke Gregerson tossed a scoreless ninth inning to finish off the victory.

Consistent with their identity during the regular season, the Astros won despite striking out 14 times. The same goes for the Royals, as they struck out just four times. Despite putting the ball into play more often, the Kansas City lineup wasn’t able to muster anything aside from the home runs by Morales.

Game 2 of the ALDS will begin Friday at 3:45 p.m. ET. Scott Kazmir will pitch for the Astros and Johnny Cueto will get the ball for the Royals.

George Springer homers to extend Astros’ lead over Royals

Houston Astros' George Springer (4) celebrates with teammates after scoring a run in the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
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After Kendrys Morales brought the Royals within one run in the bottom of the fourth inning with his second solo home run of the game, George Springer took Chris Young deep in the top of the fifth to extend the Astros’ lead to 4-2 in Game 1 of the ALDS.

According to Statcast, the ball traveled an estimated 422 feet and left Springer’s bat at 109 mph. Royals fans are happy it was just a solo home run. It could have been worse, as Jose Altuve singled to lead off the fifth inning before being thrown out trying to steal second base during Springer’s at-bat.

The Royals will try to answer as we move to the bottom of the fifth inning at Kauffman Stadium.