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.

Padres sign Trevor Cahill

Chicago Cubs relief pitcher Trevor Cahill (53) during the seventh inning of Game 3 in baseball's National League Division Series against the St. Louis Cardinals, Monday, Oct. 12, 2015, in Chicago. (AP Photo/Paul Beaty)
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The Padres have signed Trevor Cahill to a one-year, $1.75 million contract.

As recently as the middle of the 2015 season it looked like Cahill’s career would meet a premature end, but after being released by the Braves and signing with the Cubs in August of that season he has been a remarkably effective reliever. He has posted a 2.61 ERA in 61 games in Chicago and has posted a strikeout rate far above his career norms.

He’s not someone you necessarily want taking the hill when the leverage is high, but in San Diego the leverage won’t be all that high all that often.

Justin Verlander: “I’m too old to be part of a rebuilding process”

DETROIT, MI - JULY 20: Justin Verlander #35 of the Detroit Tigers pitches in the eighth inning of the game against the Minnesota Twins on July 20, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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The Tigers have sent some mixed signals this winter. The offseason began with widespread reports that GM Al Avila was going to break up the team. Indeed, it was reported that he was willing to field offers for any and all players, on up to Justin Verlander and Miguel Cabrera.

As the offseason has unfolded, however, a rebuild has not materialized.

Avila traded away outfielder Cameron Maybin. He signed old friends Omar Infante and Alex Avila. He made the usual sorts of minor league signings every team makes to fill out the roster. Detroit still needs a center fielder and there continue to be rumors that outfielder J.D. Martinez and second baseman Ian Kinsler could be had for the right price, but it’s been pretty quiet at 2100 Woodward Avenue.

If that changes, however, and the Tigers do start to rebuild, there’s one key member of the team who doesn’t really want a part of it. From the Detroit Free Press:

Justin Verlander is 33 years and 330 days old.

He’s not that old.

But the Detroit Tigers ace right-hander – a 12-year major league veteran – is old enough in baseball years to know that he doesn’t really want to be part of a rebuilding process.

“Would it have been upsetting for me if we started trading away everybody?” he told MLB Network Radio on Friday morning. “I’m too old to be part of a rebuilding process.”

Verlander will make $28 million a year for each of the next three seasons and has a vesting option for 2020 if he finishes in the top 5 of the 2019 Cy Young vote. He had an excellent return-to-form in 2016, but his contract is still pretty big for a pitcher with his mileage, making it seem unlikely that he would be moved absent the team eating a huge portion of his salary. The same could be said for Miguel Cabrera who, despite still being one of the best hitters in baseball, is making between $28-32 million between now and 2023. A wonderful player, but an extraordinarily difficult contract to move. Both superstars have full no-trade protection as 10-5 men as well.

At the moment the rebuild does not seem to be materializing and the Tigers — as I think they should, probably — will enter 2017 aiming for the AL Central crown, not aiming at restocking their farm system.

But what will Verlander think, however, if the Tigers find themselves out of contention come May? What will he think if Ian Kinsler — a valuable player on a tradable contract — is sold off? Or Justin Upton? Or J.D. Martinez?

It’s worth watching.