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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.

Video: Odubel Herrera’s glorious bat flip

DETROIT, MI - MAY 25: Odubel Herrera #37 of the Philadelphia Phillies hits a three run home run during the fourth inning of the inter-league game against the Detroit Tigers on May 25, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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Phillies outfielder Odubel Herrera, playing in his second game since being benched for a lack of hustle, hit a three-run home run to extend his team’s lead to 5-1 in the fourth inning on Wednesday afternoon. After putting a sweet swing on an Anibal Sanchez 2-1 slider, Herrera flipped his bat in grand fashion. It wasn’t quite as emphatic as Jose Bautista‘s from last year’s ALDS, but it was glorious nonetheless.

To the Tigers’ credit, Herrera’s bat flip didn’t result in any shouting or fighting or throwing intentionally at hitters. So that’s nice.

Herrera is now batting .327/.440/.461 with five home runs and 17 RBI on the year. The Phillies selected him in the Rule 5 draft from the Rangers ahead of the 2015 season and he’s proven to be the lifeblood of the offense thus far.

30 years ago, Dave Kingman sent a live rat to a female reporter

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Someone on Reddit’s /r/baseball page linked to this New York Times article from June 1986.

Dave Kingman, then with the Athletics, was 37 years old and playing in what would be his final season. He was fined $3,500, which is a little over $7,600 in 2016 dollars, for sending a live rat in a pink box to a female reporter, Susan Fornoff of The Sacramento Bee. The rat wore a tag that said “my name is Sue.”

Kingman refused to apologize, saying, “I’ve pulled practical jokes on other people and I didn’t apologize to them.”

According to Fornoff, Kingman had said to her that women don’t belong in the clubhouse, and Kingman had been harassing her since she began covering the team in ’85. The Athletics didn’t keep Kingman around after the season, and he ended up hanging up the spikes.

Pete Dexter wrote in more detail about the incident at Deadspin a few years ago. It’s a good read.

I wasn’t familiar with this story as I was still more than two years from being born when it happened. Sports media has made strides towards being more inclusive of non-white cisgender straight men, especially compared to 30 years ago. But, of course, we’re still a long ways away from an ideal world in which everyone is treated equally and everyone has equal access. Some of the best baseball reporting and analysis these days is being done by women and it’s nice to see sites, especially FanGraphs recently, make a concerted effort towards diversification.

D-Backs mulling optioning Shelby Miller to the minors

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller continued to struggle on Tuesday, serving up six runs on eight hits and four walks with three strikeouts over five innings against the Pirates. His ERA, in 10 starts this season, stands at an unsightly 7.09 with 30 strikeouts and 29 walks in 45 2/3 innings.

The D-Backs acquired him from the Braves over the winter, sending 2015 first overall pick Dansby Swanson to Atlanta along with pitching prospect Aaron Blair and outfielder Ender Inciarte. It’s a trade they’d most likely take back if they had the luxury.

Instead, GM Dave Stewart is considering optioning the right-hander to Triple-A Reno to figure things out, Jack Magruder reports for Today’s Knuckleball. Stewart said, “We want to get him on track the best way we can. We will figure it out and do what’s needed.”

Miller is currently slated to start against the Padres on Sunday, so the club has a few more days to consider what to do. Josh Collmenter will likely be activated over the weekend, which would create a convenient way to put him back on the roster and deal with Miller.

Jackie Bradley, Jr. and Xander Bogaerts both extend their hitting streaks

BOSTON, MA - MAY 24:  Jackie Bradley Jr. #25 of the Boston Red Sox returns to the dugout after scoring in the second inning during the game against the Colorado Rockies at Fenway Park on May 24, 2016 in Boston, Massachusetts. Extending his hitting streak to 28 games.  (Photo by Adam Glanzman/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. and shortstop Xander Bogaerts both extended their hitting streaks on Wednesday night against the Rockies, and both did it in the bottom of the fourth inning.

Bogaerts led off the inning with a solo home run to left-center off of Chad Bettis. After David Ortiz walked and Hanley Ramirez grounded into a fielder’s choice, Bradley laced a single to left field. Bogaerts’ streak now stands at 18 games and Bradley’s is at 29. Bradley is tied with Johnny Damon for the fourth-longest streak in Red Sox history. He trails Tris Speaker and Nomar Garciaparra at 30 and Dom DiMaggio at 34.

The Red Sox entered Wednesday’s action averaging 5.87 runs per game, the best mark in baseball. The major league average is 4.28. Bogaerts and Bradley, unsurprisingly, have been a big part of the offense’s success thus far.