At least one person thinks San Jose has a strong case against Major League Baseball

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Unfortunately that one person is ESPN’s legal analyst Lester Munson who, as we and many others have noted over the years, tends to get things pretty darn wrong pretty darn often. You won’t be shocked to hear that I feel like he’s off on this one too.

To be fair, he is half right. He analyzes Major League Baseball’s antitrust exemption and notes just how anomalous it is. He also notes that, in the right case, the Supreme Court would probably overturn the old Federal Baseball Club vs. National League case which gave us the antitrust exemption in the first place. It’s really a piece or garbage precedent. Where he’s wrong is in thinking that this is the right case.

As I mentioned the other day, the biggest hurdle to San Jose’s suit is getting its arguments heard on the merits in the first place. That’s because, in my view and the view of many others, San Jose lacks legal standing to assert a claim against Major League Baseball and hasn’t alleged any actual damages, as opposed to speculative ones. San Jose claims it will lose money if the A’s are not relocated there. It has made no allegation, however, that it actually has been damaged by any act of Major League Baseball. Munson makes no mention of this whatsoever.

He does mention the American Needle vs. National Football League, case, however. This is one that should come up a lot in talking about the San Jose case, so here’s the quick and dirty: American Needle made NFL-logo merchandise for various teams. The NFL then said, nope, all merch will now be made by Reebok and Reebok only. American Needle sued, saying that the NFL’s anticompetitive act — 32 teams and the league conspiring to shut out competitors to Reebok — violated the law and caused its existing contracts to go bye-bye.  American Needle won that case, with the Supreme Court pounding the NFL’s claim to antitrust protection 9-0.

Here’s the difference, though: American Needle had a contract with NFL teams. It had a vested financial interest in doing business with these guys. Then the NFL came in and said “sorry, you’re shut out.” It had something then lost something by virtue of the NFL’s action.  San Jose has no similar interest or damage. It has a contract with the A’s that gives the A’s the option to purchase some land. The terms of that contract are entirely fulfillable without MLB doing anything. The A’s have paid San Jose the $50,000 the contract asks for. The A’s have not, by any report whatsoever, moved or attempted to move to actually buy land in San Jose, let alone move the team there. More importantly, the A’s are not a plaintiff in this suit. If they were I think it would be a totally different ballgame and MLB would be in big trouble. But that hasn’t happened.

There is always a chance a judge will go off the reservation and make a surprising ruling. As such, sure, there is a chance that San Jose’s suit goes farther than I think it will (and man, I hope it will).  But that’s pretty unlikely. And no matter the odds, Munson makes no mention of Major League Baseball’s possible defenses at all, let alone that they have some pretty stout defenses. There is not one passage in his column noting that, just maybe, the San Jose lawsuit isn’t a slam dunk. If a first year law student provided an analysis like Munson’s on a civil procedure exam he’d probably get a D, at best.

If you just read Munson’s analysis and nothing else — and given that he writes for the biggest sports media company on the planet, many probably have — you’d get a pretty skewed idea of what’s going on here. And the fact that ESPN continues to be cool with that sort of thing from him is frankly amazing.

And That Happened: Wednesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Nationals 5, Mariners 1: Anthony Rendon hit a three-run homer. He hit two homers and drove in five on Tuesday. Guess you can say he likes playing the Mariners. Then again, everyone should like playing the Mariners these days. They’ve lost five in a row and have been outscored 41-5 in that span.

Athletics 4, Marlins 1: Sonny Gray struck out 11 batters over seven one-run innings. Gray has only pitched five times this year but so far the results are pretty good, pointing to the sort of bounceback season the A’s were hoping for from their potential ace. He’s got a K/BB ratio of 28/8 in 29.2 innings, a WHIP of 1.08 and is holding batters to a .216 average.

Twins 4, Orioles 3: The Twins swept the O’s in Baltimore — the first team to even win a series there this season — but what I would really like to do is I to show you a couple of pitches Jose Berrios threw yesterday afternoon:

And this:

That game started at 1pm. I know the studies are inconclusive — and it may make me sound old fashioned — but I think it’s wrong to show this sort of pornography when children were awake and could have easily stumbled upon them. Please, Paul Molitor, only allow Jose Berrios to pitch after dark.

Reds 4, Indians 3: Speaking of pornography, check out Billy Hamilton‘s speed. He beats out what would’ve been a game-ending double play if anyone else on the planet was running and then he scored from first base on a single (and outfield miscue by Michael Brantley) to help the Reds come back from a 3-2 deficit in the ninth inning to win the game:

That Brantley brain lock aside, I don’t think many other runners score on that play. Hamilton’s wheels won that dang game for Cincinnati.

Rockies 7, Phillies 2: Tyler Chatwood allowed one hit in seven scoreless innings and struck out eight as the Rockies continue to impress. They scored seven runs in the third, hitting, collectively, for the cycle in the inning. Carlos Gonzalez hit the homer, Ian Desmond hit the triple, Trevor Story hit the double and Charlie Blackmon, DJ LeMahieu and Nolan Arenado all singled. Fox executives are gonna jump outta windows when they see the ratings for this year’s Rockies-Twins World Series, but it’ll be totally dope for most of us if it happens.

Blue Jays 8, Brewers 4: Ryan Goins is gonna lose his job to Troy Tulowitzki soon, but he’s not letting that bother him. He hit a grand slam here and Kevin Pillar, Devon Travis and Jose Bautista went deep as well.

This has nothing to do with anything, but I want you to know that in the course of putting these recaps together I came across this ad at the bottom of a web page:

Given that he’s been dead for 11 years I’d say it’s understandable that fans were stunned regardless of the reason he left the show. And that’s the case even if the shuffling, decomposing corpse of Don Knotts were merely citing something boring like creative differences with Desilu Studios or a desire to more movies.

Working on the Internet is so cool. OK, back to the recaps:

Yankees 3, Royals 0: Luis Severino‘s year of fulfilling his potential continues as he allowed four hits over eight innings, striking out seven. The 23-year old is looking better than he did in his rookie year and way better than he did in 2016. On the bad side of things, Jacoby Ellsbury slammed into the wall while making a catch in the first inning and left with a concussion and sprained neck. It’s the second time this season he’s face-planted like that.

Diamondbacks 8, White Sox 6: The sweep. The Dbacks have won 8 of 9 and are ten games over .500 for the first time in six years. Five different Arizona batters drove in a run. Jose Abreu was 4-for-5 with a homer and three RBI in a losing cause.

Red Sox 9, Rangers 4: The Sox were down 3-1 in the bottom of the seventh but then they put up a seven-spot. Chris Sale struck out only six batters, snapping his streak with double digit strikeouts at eight, but I’m sure he’s cool with it.

Padres 6, Mets 5: Mets blew a 5-1 lead but had a chance to tie or win it in the ninth only to be smacked down by Brad Hand. New York loaded the bases with nobody out, but Hand struck out Curtis Granderson and Rene Rivera and then Juan Lagares flied out to end it. Losing a lead and seeing a would-be rally fizzle like that are demoralizing enough, but having them both happen in the same game is a real kick to the beans.

Pirates 12, Braves 5: Speaking of demoralizing: the Braves — whose bullpen has been pretty fantastic lately — had a 5-3 lead in the ninth inning only to see Jose Ramirez cough it up by surrendering a two-out, bases loaded single to Jose Osuna. The tenth inning was way worse, when Josh Collmenter came on for Atlanta and decided it’d be more fun to spread kerosene all over the place than to get dudes out. Collmenter allowed six hits — three of them homers — and seven runs in the final frame. The 10th inning dongs came back-to-back-to-back in the space of ten pitches. The men doing the yard work for Pittsburgh: David Freese, Osuna and Jordy Mercer

Rays 5, Angels 2: Steven Souza homered twice. Too bad he did it in May. Two months earlier and we could call him “The March King.”

Cubs 5, Giants 4: Anthony Rizzo homered twice and Kyle Hendricks allowed two runs over seven. Wade Davis allowed two runs over one, via a homer to Mac Williamson, but he got the save anyway.

Tigers 6, Astros 3Jose Iglesias finished a triple shy of the cycle — which is not a thing, even if it’s fun to say — and Ian Kinsler had two hits and scored twice. The Tigers snapped a three game skid.

Cardinals 6, Dodgers 1: Mike Leake allowed four hits over eight one run innings. His ERA is now down to 1.91 on the year. Yadi Molina homered and drove in two. Someone let me know if this game was more interesting to Bill Plaschke than Tuesday night’s game, which he found boring despite the fact that it featured a nine-inning pitcher’s duel featuring an all-time great and ended on a walkoff hit by the home team. As this one only took two hours and 44 minutes, I presume it was more pleasing to him.

Baseball writers, man. They’re the worst.

Albert Pujols hit his 597th career home run

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Angels DH Albert Pujols smacked his 597th career home run, a two-run shot in the top of the first inning during Wednesday night’s 5-2 loss to the Rays. The blast was off of Erasmo Ramirez and marked No. 6 on the season for the future Hall of Famer.

Pujols finished 1-for-3 with the homer and a walk. After Wednesday’s game, he’s hitting a lackluster .244/.296/.378 with 34 RBI and 14 runs scored in 186 trips to the plate.

Pujols currently ranks ninth on baseball’s all-time leaderboard and is three shy of joining the 600-homer club. He’s currently 13 home runs away from tying Sammy Sosa for eighth all-time.