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.

Diamondbacks sign Jorge De La Rosa to minor league deal

ARLINGTON, TX - AUGUST 10:  Jorge De La Rosa #29 of the Colorado Rockies throws against the Texas Rangers in the first inning at Globe Life Park in Arlington on August 10, 2016 in Arlington, Texas.  (Photo by Ronald Martinez/Getty Images)
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The Diamondbacks have signed free agent left-hander Jorge De La Rosa to a minor league deal, per a team announcement on Sunday. The contract includes an invitation to spring training. Nick Piecoro of AZCentral.com adds that De La Rosa stands to make $2.25 million if he secures a spot on the major league roster, with up to $600,000 in incentives if he pitches out of the bullpen and up to $1 million in incentives if he pitches out of the starting rotation.

The 35-year-old is expected to compete for a bullpen role after spending the better part of a decade in the Rockies’ rotation. He capped a nine-year run with Colorado in 2016, finishing the year with a 5.51 ERA, 4.2 BB/9 and 7.3 SO/9 over 134 innings. Despite his struggles out of the rotation, he found limited success in a three-game stint in the bullpen, striking out 10 of 26 batters and holding the opposition to just three hits and one earned run in eight innings.

The veteran lefty is set to join a bullpen comprised of right-handers Randall Delgado, Jake Barrett and Fernando Rodney, along with a number of unproven candidates on similar minor league contracts. His age and command issues may be off-putting, but the promise he showed as a reliever should give the Diamondbacks some upside as they attempt to redeem a league-worst bullpen in 2017.

Josh Donaldson out 2-3 weeks with calf injury

TORONTO, CANADA - SEPTEMBER 13: Josh Donaldson #20 of the Toronto Blue Jays looks on from the top step of the dugout as he sits out his second straight game during MLB game action against the Tampa Bay Rays on September 13, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
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Blue Jays’ third baseman Josh Donaldson is expected to miss up to three weeks with a right calf strain, reports John Lott. Donaldson reportedly felt some discomfort in his calf during sprinting drills on Friday and was diagnosed with what looked like a mild strain after undergoing an MRI on Saturday. According to Lott, the 31-year-old is on crutches for the next few days and will likely miss 2-3 weeks of spring training.

Donaldson had a similar scare at the start of the 2016 season, when he limped out of the batter’s box during the Blue Jays’ first regular season road trip with a right calf strain. He returned to DH two days later, however, and was back on the field in less than a week’s time. Blue Jays’ GM Ross Atkins told MLB.com’s Corey Long that the two calf injuries are unrelated, and expects that Donaldson will recover in similar fashion this spring — well before Opening Day comes around.