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The San Jose lawsuit against Major League Baseball should be thrown out of court

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So I’ve read over the lawsuit filed by San Jose against Major League Baseball. Initial reaction: it’s more full of crap than Bob Melvin’s office was on Sunday afternoon.

The essence of the suit: Major League Baseball is a monopoly. It should be an unlawful monopoly. This would-be unlawful monopoly is preventing the Athletics from moving to San Jose and that has caused San Jose all manner of financial harm.

Which, yes, sounds reasonable. Major League Baseball is anti-competitive and does have a monopoly that should go the way of the dodo and vaudeville for the simple reason that it serves no purpose as noble and grand as either the dodo or vaudeville did.  But the suit is not anything that should pass legal muster here, and I believe it will go down in flames.

As I said in the earlier post, courts do not entertain lawsuits from parties without standing to sue and the city of San Jose hasn’t asserted anything in this complaint that persuades me that they have standing. Or that they have been damaged in any way that a court will consider worthy of redress. Broadly speaking, they have claimed that (a) they have a contract with the owners of the Oakland A’s with which Major League Baseball’s actions have interfered; and (b) that the city has incurred or will incur — note the “will” — financial damages as a result of the A’s not moving to San Jose. Let’s break those down:

The tortious interference with a contract claim:  The contract claim is baed on an option agreement entered into in 2011 between the A’s owners and San Jose for the purchase of some land on which a ballpark would be built. The A’s paid San Jose $50,000 for the option. It expires this fall. If they want to keep the option open for another year it’s another $25,000. If the A’s owners were to buy the land, they can do it for between $6 million and $7 million. Nothing in the option agreement, however, promises that the A’s will actually move. It doesn’t even promise that they’ll buy the land. Just that they have the option to do so.

San Jose, however, seems to be attempting to bootstrap this option into a promise that the A’s would actually move there and that MLB’s rules preventing the A’s from moving have thus interfered with that expectation. That’s a bridge too far. A bridge longer than the Dumbarton, actually. The only guarantee San Jose gets out of that contract is $50-75K. The only thing it’s giving up is the right to sell that land for the period of the option. Major League Baseball has not stopped the A’s from paying their $50-75K.

San Jose’s insistence that more has been lost here is based on an assertion that the A’s have indicated a willingness to move to San Jose. Well, yes, they have. But they haven’t done anything to act on it yet because they know they can’t. At the minimum, I would think a court would need to have evidence that the A’s actually took a concrete step to pay San Jose $7 million for that land, to actually move to San Jose only to have had Major League Baseball stop that from happening. There is no suggestion, however, that any such evidence exists.

The financial damages: It’s all future tense. San Jose would have gotten increased tax revenue, would have gotten good paying stadium construction jobs, would have seen economic development and would have had a more healthy municipal budget had the A’s moved. Those are all speculative, prospective damages* not actual damages, and courts are not in the business of providing redress for speculative, prospective damages. Tomorrow Lew Wolff could say “you know what? I always wanted to move the A’s to Bakersfield. We’re moving to Bakersfield.” If he did that, San Jose would have no recourse. So they certainly have no recourse against Major League Baseball for preventing a speculative A’s-to-San Jose move.

*Probably also worth noting that the complaint spends a lot of time talking about all the economic benefits of ballpark development. These benefits have been largely debunked. I sorta hope this suit goes far, however, so that MLB would find itself in the odd position of having to explain how such damages are illusory, contrary to their tack for the past 25 years or so.

I think Major League Baseball’s antitrust exemption is abhorrent. I wish it were gone and think, in the right lawsuit, it could be defeated. If the A’s had filed this suit, for example, claiming that MLB is preventing them from moving and that MLB’s insistence that they stay in Oakland has caused them financial damages, I think it would have a puncher’s chance. And I’d be shaking my pompoms, cheering it on. But they didn’t file it. San Jose did. And San Jose has no legal rights that seem remotely impinged upon here.

Which, it should be worth noting, may be the idea. It’s quite possible that this suit is more a political document than a legal one, with San Jose’s mayor trying to focus attention on the languishing A’s-to-San Jose thing and to get public opinion on the side of the A’s and the city.  Maybe this will do that, maybe it won’t. I’d have to know the political dynamics of the Bay Area better than I do to have an idea.

But I do think that for it to have any practical use in creating leverage it has to at least present a legal threat, and this doesn’t do that. Indeed, I think Major League Baseball is way more worried about losing its antitrust exemption than any bad PR that can come out of Oakland, so they’re likely to fight this suit until it’s dead.

Which should be quickly. Because the suit is no better than the stuff bubbling up through the Oakland Coliseum’s pipes and should be thrown out.

MLB may introduce “tacky” baseballs in 2018

ST. LOUIS, MO - APRIL 25: Baseballs sit in the St. Louis Cardinals dugout prior to a game between the Pittsburgh Pirates and the St. Louis Cardinals at Busch Stadium on April 25, 2014 in St. Louis, Missouri. (Photo by David Welker/Getty Images)
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Jeff Passan of Yahoo has an interesting report today. MLB and Rawlings are developing a new baseball. It will have a tacky surface on the leather, allowing pitchers to get a better grip without having to resort to sunscreen and rosin and pine tar and stuff. Substances which, in theory, are for grip but which are really used by pitchers to doctor the ball, with MLB and opposing hitters mostly looking the other way.

They tested the new balls in the Arizona Fall League last year and Passan talks to a couple of the pitchers who used the ball. More testing would be required, though, so we’re not likely to see the new balls until at least 2018.

As you know, baseball players love change, so I’m sure we won’t hear another thing about the ball and its introduction will go off seamlessly.

Wait. It’ll still have seams. You know what I mean.

Here we go: Tim Tebow reports to Mets camp

PORT ST. LUCIE, FL - SEPTEMBER 20: Tim Tebow #15 of the New York Mets speaks at a press conference after a work out at an instructional league day at Tradition Field on September 20, 2016 in Port St. Lucie, Florida. (Photo by Rob Foldy/Getty Images)
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The first few days of spring training have been pretty quiet. Guys are going about their business and games are being played, but we haven’t had any news or controversy or silliness or anything fun like that. That’s about to change, however, as Tim Tebow has arrived at Mets camp.

Tebow, a non-roster invite, arrived at the Mets facility in Port St. Lucie, Florida this morning and, unlike every other non-roster invite, had a press conference. You may be surprised to learn that he’s in great shape, is excited to get going and wants to improve steadily each day.

The plan for Tebow is to be a part of the minor league camp, not the major league one, so he’s not going to be as visible at workouts as you might expect. He will be playing in some major league spring training games, however, at least until we get deeper into spring training, after which you’d assume that veterans and players with a real shot of making the big club will play longer.

In the meantime, you can buy Tebow shirts. But not Curtis Granderson ones, it seems: