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.

Cavaliers will move ring ceremony to avoid conflict with World Series start

CLEVELAND, OH - JULY 11: A general exterior image of the Quicken Loans arena which is next door to Progressive Field where the Chicago White Sox will take on the Cleveland Indians on July 11, 2014 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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In a show of good sportsmanship, the Cleveland Cavaliers have moved their championship ring ceremony start time back to 7 PM EDT to avoid conflicting with the start of the World Series opener on Tuesday. The Indians are set to host Game 1 at Progressive Field on October 25, while the Cavs will open the 2016-17 NBA season against the New York Knicks at the nearby Quicken Loans Arena, preceded by a ceremony recognizing their first franchise title.

In the event that the Indians clinch a World Series title, it’ll be the first time Cleveland has seen two championships in the same calendar year since 1948, when the Indians’ last Series title came on the back of the Cleveland Browns’ All-American Football Conference championship against the Buffalo Bills. The same was true for the Dodgers in 1988, when their World Series win against the Athletics coincided with the Los Angeles Lakers’ 11th championship, while Chicago has yet to see a multi-title year among their NBA, NHL, NFL, and MLB franchises.

Regardless of the Series’ outcome, Cleveland fans will get the chance to revel in one long-awaited championship win on Tuesday before watching the beginning of a nail-biting conclusion to another long-awaited playoff run. The Cavaliers are scheduled for 7 PM EDT on October 25, while the Indians will take the field at 8 PM EDT.

Indians could benefit from long rest before the World Series

MINNEAPOLIS, MN - SEPTEMBER 09: Danny Salazar #31 of the Cleveland Indians delivers a pitch against the Minnesota Twins during the first inning of the game on September 9, 2016 at Target Field in Minneapolis, Minnesota. (Photo by Hannah Foslien/Getty Images)
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If any team can turn a six-day rest period into an advantage, it’s the Indians. The club polished off their pennant race with another injured starter and an overtaxed bullpen, as Trevor Bauer exited in Game 3 of the ALCS with a laceration on his right pinky finger, leaving the bullpen to shoulder 16 innings through the last three games of the series. On Friday,’s Jordan Bastian reported that injured starter Danny Salazar could rejoin the rotation in the World Series, though he’ll need at least one more simulated game before Terry Francona determines whether or not he’s fit to return for the team’s last postseason push.

Bauer, who has been under the close watch of hand specialist Dr. Thomas Graham, told the press that he feels confident that he’ll be ready for a World Series start when the final showdown commences on Tuesday. Keeping the wound bandaged is not an option during games, and Bauer said that Dr. Graham decided against additional stitches to keep the laceration from re-opening. Instead, they’re banking on extra days of rest to heal the cut naturally. Should Francona pencil the right-hander into the lineup for Game 3 or 4, he’ll have had 10-11 days to rest his finger between starts — just a hair under the seven games Bauer said he was prepared to pitch.

Salazar, too, has been preparing for a World Series showdown. He’s scheduled to pitch three innings of a simulated game this weekend, and if it goes well, it could land him a spot in the starting rotation alongside Bauer, Corey Kluber, Josh Tomlin, and newcomer Ryan Merritt. Salazar has been sidelined since September 9 with a right forearm strain, and even after undergoing a rigorous throwing program over the last several weeks, any kind of comeback is expected to be curbed by a strict innings limit. Francona has been understandably tight-lipped about his World Series roster, but he hasn’t yet nixed the idea of utilizing Salazar out of the rotation, provided the right-hander remains healthy for another week or so.

The Indians have had to remain flexible throughout their seven-game playoff run after weathering injuries to Corey Kluber and Trevor Bauer, pushing their rotation through several games on short rest and relying heavily on Andrew Miller and Cody Allen‘s one-two punch in the ‘pen to clinch more than a few postseason victories. While history doesn’t always favor the first team to secure their league’s pennant race, an extra week of rest should only benefit Cleveland’s beleaguered pitching staff.