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.

And That Happened: Thursday’s Scores and Highlights

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I’m taking the day off to go down to Kentucky to watch horses do horsey things (watch for me photobombing equestrian types on NBC Sports Network). Bill will be along later today and Ashley will be here this evening, but I can’t leave you without the recaps because that’s what I do.

Don’t do anything dumb while your mother and I are out. We’ve marked all the bottles. We’ll know if you’re lying to us.

Here are the scores. Here are the highlights:

Dodgers 5, Giants 1: It was 1-1 until the 11th inning thanks to Julio Urias, making his 2017 big league debut, and the Dodgers’ bullpen and Matt Moore and the Giants’ bullpen takin’ care of business. The Dodgers got tired of it being close in the top of the 11th, however, beating up on Corey Gearrin, Steven Okert and Hunter Strickland for four runs. Andrew Toles knocked in the go-ahead run with a single. A sac fly, single and a bases-loaded walk finished the scoring. The Giants wouldn’t have even scored the one run if it wasn’t for the Dodgers throwing the ball around.

Nationals 16, Rockies 5: The Nats came into Colorado and scored 46 runs in four games. Which, damn. They put up 11 runs in the seventh inning here, with Bryce Harper hitting a three-run shot. Trea Turner hit for the cycle on Tuesday, finished a triple shy of another cycle Wednesday and hit a double and two singles and driving in two here. Harper is hitting .418/.535/.823 with eight homers and 25 RBI. That’s a 59 homer, 184 RBI pace. I know Harper has a habit of putting up big Aprils and that injuries have derailed him in the past, but this is shaping up to be a really special year for this guy.

Cardinals 8, Blue Jays 4; Cardinals 6, Blue Jays 4: The first game of the twin-bill ended in spectacular fashion with Matt Carpenter hitting a walkoff grand slam in the 11th inning. They wouldn’t have even gotten to extras, however, if it wasn’t for Randal Grichuk‘s two-run homer with two outs in the ninth which tied it up. So much drama in game 1 it’s a shame they had to suit up for fame 2 rather than just go out for drinks. But they did play game 2 and it went swell for St. Louis. Dexter Fowler, Greg Garcia and Matt Adams each had three hits. Fowler hit a dinger. The Blue Jays are a total mess. But they’re not the only mess in the bigs right now because . . .

Braves 7, Mets 5: M-E-S-S Mess! Mess! Mess! Six losses in a row and 10 of 11. They’re not scoring. Everyone is getting hurt. Just a disaster. The last time the Mets were this screwed up was just after the All-Star break in 2015 and you know what happened then. Oh, wait, they won the pennant. Eh, let’s let the New York press and Mets fans freak out. Maybe it’s actually warranted this time. Who knows. All I know is that Kurt Suzuki hit a big three-run homer here and when the Braves make you look bad, you’re not living your best life.

Mariners 2, Tigers 1: Justin Verlander and Hisashi Iwakuma battled. Verlander battled a tad better — allowing only an unearned run in seven innings while striking out eight while Iwakuma allowed only one unearned run in five and two-thirds — but the Mariners got the win anyway. The go-ahead run came thanks to a Ben Gamel RBI single off of Francisco Rodriguez in the ninth. Can’t trust the Tigers bullpen in a close game. Ever.

Phillies 3, Marlins 2Jeremy Hellickson allowed one run over six innings as the Phillies win their sixth straight. Hellickson is 4-0 with a 1.80 ERA on the year. Philly is doing OK right now, but if they aren’t in contention come July, he’s going to be a pretty attractive trade target.

Indians 4, Astros 3: Down 3-2 in the bottom of the seventh, Francisco Lindor hit a two-run bomb. And I mean bomb. The thing was estimated to be over 450 feet. Corey Kluber struck out ten over seven innings. In addition to being one of the best shortstops around, Lindor is hitting .301/.368/.614 on the year and he’s on a 40-homer pace. That $100 million deal he reportedly turned down is gonna look positively quaint.

Yankees 3, Red Sox 0: Masahiro Tanaka tosses a Maddux. You do know what a Maddux is, right? In case you forgot, it’s a complete game shutout in which the starter throws fewer than 100 pitches. Here it was a three-hitter in which he only allowed one runner to reach second base. Chris Sale was no slouch himself, striking out ten in eight innings. He’s pitched great this year but he’s not getting any help. They’ve only scored four runs in his five starts. Boston has scored  only 13 runs in their last seven games. They’ve been shut out three times in the past seven.

Diamondbacks 6, Padres 2: Taijuan Walker struck out 11 and Chris Ownings hit a pair of solo homers. Yasmany Tomas had a two-run homer.

Angels 2, Athletics 1: I had a dream last night that I owed the Oakland A’s $30,000 in medical bills. Something in the dream made it make sense — baseball teams ran hospitals or something — and for whatever reason, my family had used theirs and I was responsible for the bills. My family, by the way, included Ronald Reagan, who was treated at A’s hospital. Insurance wouldn’t cover a lot of his bills because a man had come out of the woodwork claiming to have been his lover, and the insurance company had a right to discriminate based on sexual orientation. What I’m sayin’ is that a lot was going on in this dream and I’m a little upset with the A’s over it right now.

Oh, by the way, Ricky Nolasco allowed one runs in five and two-thirds and four relievers combined to shut the A’s out the rest of the way. The Angels scored both of their runs in the first.

I probably do need that day off, eh? See you Monday.

Masahiro Tanaka throws a Maddux

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You do know what a Maddux is, right? In case you forgot, it’s a complete game shutout in which the starter throws fewer than 100 pitches. Friend of HBT Jason Lukehart invented that little metric and, because Greg Maddux is my favorite player ever, it’s pretty much my favorite stat ever.

In the Yankees-Red Sox game tonight it was Masahiro Tanaka doing the honors, tossing 97-pitch three-hitter in which he only allowed one runner to reach second base to beat Boston 3-0. He only struck out three but he didn’t walk anyone. He retired the last 14 batters he faced.

Chris Sale was no slouch himself, striking out ten in eight innings. He’s pitched great this year but he’s not getting any help. The Sox have only scored four runs in his five starts. Boston has scored only 13 runs in their last seven games. They’ve been shut out three times in the past seven. They scored more runs than anyone last year, by the way.

The game only took two hours and twenty-one minutes. Or, like, half the time of a Yankees-Red Sox game in the early 2000s. Progress, people. We’re making progress.