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.

Jason Heyward hopes to return to Cubs’ lineup on Friday

Chicago Cubs' Jason Heyward hits a double to drive in Dexter Fowler off Cincinnati Reds relief pitcher J.J. Hoover during the ninth inning of a baseball game, Friday, April 22, 2016, in Cincinnati. The Cubs won 8-1. (AP Photo/John Minchillo)
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Cubs outfielder Jason Heyward hasn’t played since Sunday due to a sore right wrist, but he’s hoping to be included in his team’s lineup on Friday, MLB.com’s Carrie Muskat reports. Matt Szucur, Ben Zobrist, and Kris Bryant have handled right field while Heyward has been out.

Heyward, 26, has gotten off to a disappointing start, as he’s batting .211/.317/.256 with only four doubles, no home runs, and 13 RBI in 104 plate appearances. He signed an eight-year, $184 million contract with the Cubs back in December.

Heyward said he hurt his wrist putting emphasis on it during hitting drills. He said, “I was doing some work off the tee and doing a drill with a donut on the bat, swinging, trying to stay through the middle, and I put more emphasis on [his wrist] and strained it from that.”

Cardinals plan to get creative to keep Aledmys Diaz in the lineup

St. Louis Cardinals' Jedd Gyorko high-fives with Matt Carpenter as they and Aledmys Diaz, center, leave the field following the Cardinals' 11-2 victory over the San Diego Padres in a baseball game Saturday, April 23, 2016, in San Diego. (AP Photo/Lenny Ignelzi)
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Cardinals shortstop Jhonny Peralta is expected to return from the disabled list in early June, which means current shortstop Aledmys Diaz would return to the bench. There’s only one problem: Diaz has been one of the best hitters in baseball. The 25-year-old owns a sparkling .381/.422/.679 triple-slash line with 14 extra-base hits (including five homers) in 90 plate appearances.

The Cardinals plan to get creative to keep Diaz’s bat in the lineup. Per Jon Morosi of FOX Sports, the club is considering using Peralta at first and third base. Peralta, 33, last played third base in 2010 with the Indians and Tigers. He has logged only three games and nine total defensive innings at first base in his major league career.

Diaz isn’t about to displace Peralta. Last season, Peralta was one of the best-hitting shortstops, finishing with a .275/.334/.411 triple-slash line with 17 home runs and 41 RBI in 640 plate appearances. He was even more productive in 2014, his first year with the Cardinals.

Chris Bassitt will undergo Tommy John surgery on Friday

Oakland Athletics pitcher Chris Bassitt sits in the dugout after being relieved against the Detroit Tigers in the fourth inning of a baseball game in Detroit, Thursday, April 28, 2016. (AP Photo/Paul Sancya)
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Athletics pitcher Chris Bassitt will undergo season-ending Tommy John surgery on Friday, MLB.com’s Jane Lee reports. He was diagnosed with a partially torn ulnar collateral ligament over the weekend, so this news doesn’t come as much of a surprise.

Bassitt, 27, is certainly out for the remainder of the 2016 season and will likely miss a sizable portion of the 2017 season as well. The right-hander made five starts for the A’s to begin the season, but put up an ugly 6.11 ERA with a 23/14 K/BB ratio in 28 innings.

Jesse Hahn took Bassitt’s spot in the Athletics’ starting rotation. Hahn is expected to start next on Saturday versus the Orioles.

Report: Twins place Tommy Milone and Casey Fien on waivers

Minnesota Twins starting pitcher Tommy Milone throws during the first inning of a baseball game against the Milwaukee Brewers Wednesday, April 20, 2016, in Milwaukee. (AP Photo/Morry Gash)
AP Photo/Morry Gash
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Mike Berardino of the St. Paul Pioneer press is reporting that the Twins have placed pitchers Tommy Milone and Casey Fien on waivers. Berardino adds that Fien would be able to reject a demotion to the minors if he passes through waivers, but Milone could not. Milone and Fien are only a part of what’s been ailing the 8-20 Twins.

Milone, 29, was solid out of the rotation for the Twins last season, but the same can’t be said of his start to the 2016 season. The lefty has a 5.79 ERA with a 19/7 K/BB ratio over four starts and one relief appearance. He was taken out of the Twins’ rotation following his final start in April.

Fien, 32, was also dependable for the Twins in previous years, but has had a rocky 2016 thus far. The right-hander has yielded 12 runs on 21 hits and three walks with 12 strikeouts in 13 2/3 innings.

Milone will be eligible for his third and final year of arbitration after the season after earning $4.5 million this season. Fien has two more years of arbitration eligibility left — his third and fourth — and is earning $2.275 million this year.