Chuck Reed San Jose

San Jose sues Major League Baseball, challenging its monopoly power

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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.

Dodgers trade A.J. Ellis to the Phillies for Carlos Ruiz

Atlanta Braves v Los Angeles Dodgers
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MLB.com’s Todd Zolecki reports that the Dodgers have acquired catcher Carlos Ruiz and cash from the Phillies in exchange for catcher A.J. Ellis, minor league pitcher Tommy Bergjans, and a player to be named later. It was reported on Wednesday that Ruiz and first baseman Ryan Howard both cleared waivers and that Ruiz was drawing interest from a couple of teams.

Ruiz, 37, has served as the backup catcher behind Cameron Rupp. Over 193 plate appearances, he hit .261/.368/.352. He continued to play solid defense and has always had a reputation for handling his pitchers very well. In fact, in a commercial for the video game MLB 2k11, former Phillie Roy Halladay essentially professed his love for Ruiz:

Ellis, 35, is a free agent after the season while Ruiz has a club option for the 2017 season worth $4.5 million. It seems likely that the Dodgers pick up that option and make Ruiz Grandal’s backup next year. Ellis hit a lousy .194/.285/.252 in 161 plate appearances, but the Phillies aren’t particularly concerned with his production since they’re still facilitating their rebuilding process.

Bergjans, 23, has spent the season with High-A Rancho Cucamonga. He’s posted a 4.98 ERA with a 133/29 K/BB ratio in 130 innings spanning 21 starts and three relief appearances. He went to school in Haverford, PA so the Phillies are bringing in a local guy.

Jose Bautista returns from the disabled list

TORONTO, CANADA - MAY 29: Jose Bautista #19 of the Toronto Blue Jayshits a two-run home run in the fifth inning during MLB game action against the Boston Red Sox on May 29, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
Tom Szczerbowski/Getty Images
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Blue Jays outfielder Jose Bautista has been activated from the 15-day disabled list ahead of Thursday night’s game against the Angels, the club announced. Utilityman Ryan Goins has been optioned to Triple-A Buffalo to create room on the roster.

Bautista missed the minimum 15 days due to a sprained left knee. He’s battled injuries throughout the season, limiting him to just 355 plate appearances over 80 games. He’ll resume play with a .222/.349/.444 triple-slash line, 15 home runs, and 48 RBI.

Bautista is in Thursday night’s starting lineup, batting first and serving as the DH.