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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.

Video: A fan tried to take a selfie with Brandon Drury after a catch in foul territory

Arizona Diamondbacks' Brandon Drury swings for a two run double off San Francisco Giants' Curtis Partch in the third inning of a spring training exhibition baseball game Tuesday, March 17, 2015, in Scottsdale, Ariz. (AP Photo/Ben Margot)
AP Photo/Ben Margot
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Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.

A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.

“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.

Watch Giancarlo Stanton dodge imaginary lasers dressed as Chewbacca

Miami Marlins' Giancarlo Stanton bats and reached first on a throwing error by Arizona Diamondbacks third baseman Brandon Drury during the fifth inning of a baseball game, Tuesday, May 3, 2016, in Miami. (AP Photo/Lynne Sladky)
AP Photo/Lynne Sladky
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Marlins slugger Giancarlo Stanton really likes May 4. May the fourth is “Star Wars Day” for the obvious, punny reason.

While he was doing his normal workouts, Stanton donned a Chewbacca mask, then dodged imaginary lasers and fired back at his imaginary enemies. Who knew Chewy was so buff?

May the 4th be with you from ChewyG 👹

A video posted by Giancarlo Stanton (@giancarlo818) on May 4, 2016 at 12:51pm PDT

Video: Andrew McCutchen thinks the scorer should be fired for scoring this play an error

Pittsburgh Pirates center fielder Andrew McCutchen (22) watches from the dugout during the seventh inning of a baseball game against the Detroit Tigers on Wednesday, April 13, 2016, in Pittsburgh. Detroit won 7-3.(AP Photo/Don Wright)
AP Photo/Don Wright
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Pirates center fielder Andrew McCutchen had trouble coming up with an Anthony Rizzo line drive in the top of the third inning. The ball seemed to curve at the last minute, clanking off of McCutchen’s glove, setting up first and third with two outs for the Cubs. McCutchen was sacked with an error. Ben Zobrist then cranked out a three-run home run off of starter Juan Nicasio to put the Cubs up 3-0.

Per Rob Biertempfel of the Pittsburgh Tribune-Review, McCutchen said after the game, “Whoever scored that an error should be fired. That’s unbelievable. I did everything I could to catch it.”

Here’s the video. Rule 9.12(a) in baseball’s official rules states:

(a) The official scorer shall charge an error against any fielder:
(1) whose misplay (fumble, muff or wild throw) prolongs the time at bat of a batter, prolongs the presence on the bases of a runner or permits a runner to advance one or more bases

Pretty cut and dried stuff here. It was an error.

Joey Gallo to miss three to four weeks with a strained groin

Texas Rangers' Joey Gallo swats away an insect as he bats during the first inning of a baseball game against the Los Angeles Dodgers, Wednesday, June 17, 2015, in Los Angeles. (AP Photo/Mark J. Terrill)
AP Photo/Mark J. Terrill
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Rangers 3B/OF Joey Gallo will miss three to four weeks with a Grade 1 groin strain, Evan Grant of the Dallas Morning News reports.

Gallo, 22, has spent the season at Triple-A Round Rock, where he’s hit a productive .254/.400/.642 with seven home runs and 16 RBI in 85 plate appearances. Gallo was at times impressive in 123 plate appearances with the Rangers last year, but the club felt he needed some more work on his plate discipline, as he struck out 57 times in 123 PA at the big league level in 2015. At Triple-A this year, Gallo has drawn 17 walks and struck out 21 times.

Assuming he heals as expected from the injury, Gallo should join the Rangers at some point during the summer.