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.

Cardinals snap Familia’s saves streak, rally past Mets 5-4

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NEW YORK — Yadier Molina and pinch-hitter Kolten Wong each stroked an RBI double in the ninth inning, and the St. Louis Cardinals ended Jeurys Familia‘s streak of 52 straight saves in rallying past the New York Mets 5-4 on Wednesday night.

Yoenis Cespedes hit a go-ahead homer off Adam Wainwright to cap a three-run comeback in the seventh that gave the Mets a 4-3 lead. But then Familia, who hadn’t blown a regular-season save opportunity since July 30 last year, finally faltered.

Jedd Gyorko drew a one-out walk in the ninth and was replaced by pinch-runner Randal Grichuk. Molina hit the next pitch to deep center field, and Grichuk scored standing up to tie it.

Molina was thrown out at third by Familia (2-2) on pinch-hitter Jeremy Hazelbaker’s comebacker, but Hazelbaker stole second and scored when Wong lined a double just inside the left-field line.

Familia’s franchise-record saves streak was the third-longest in major league history behind Tom Gordon (54) and Eric Gagne (84).

Jonathan Broxton (3-2) tossed a scoreless eighth and Seung Hwan Oh got three quick outs for his sixth save.

Including a split of Tuesday’s doubleheader, St. Louis took two of three from the Mets in a matchup of NL wild-card contenders. It was only the second time in the past decade that the Cardinals have won a road series against the Mets.

Logan Verrett pitched seven efficient innings and slumping Neil Walker went 3 for 3 with a base on balls for the third-place Mets, who have alternated wins and losses in their last 13 games. They dropped 5 1/2 games behind NL East-leading Washington.

New York did manage to keep Gyorko and the rest of St. Louis’ hitters in the ballpark after the Cardinals had homered in 17 consecutive games – their longest streak since a club-record run of 19 games in 2006.

Gyorko went deep in both ends of Tuesday’s doubleheader, giving him seven homers in nine games.

Matt Holliday hit a two-run double off Verrett with two outs in the third, and Matt Adams followed with an RBI double that made it 3-1.

Wainwright, who entered 3-0 with a 0.93 ERA in July, nursed that lead until the seventh – repeatedly pitching out of trouble. He nearly did so again after striking out Curtis Granderson and Asdrubal Cabrera with runners at the corners.

But then Travis d'Arnaud scored on a wild pitch and Cespedes socked a two-run homer off the facing of the second deck in left-center on the 117th and final pitch from the 34-year-old Wainwright.

 

 

Report: Mariners have interest in Reds’ Jay Bruce

ATLANTA, GA - JUNE 14:  Jay Bruce #32 of the Cincinnati Reds waits to bat prior to hitting a three-run homer in the first inning against the Atlanta Braves at Turner Field on June 14, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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ESPN’s Jerry Crasnick reports that the Mariners are among the teams that have contacted the Reds about outfielder Jay Bruce. The Mariners enter play Wednesday 51-48, six games out of first place in the AL West and 4.5 games out of the second AL Wild Card slot. Adding an impact bat like Bruce could help in their effort to reach the postseason.

Norichika Aoki and Seth Smith have handled the bulk of the playing time in left field. While Smith has hit well, Aoki has not. Bruce came into Wednesday’s game against the Giants batting .271/.324/.567 with 24 home runs and a league-best 78 RBI.

Bruce can become a free agent after the season if his controlling team declines his $13 million club option for the 2017 season by paying him a $1 million buyout. If he’s traded mid-season, his new team won’t be able to make him a qualifying offer, so the club option may be more enticing than it looks at first glance.