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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.

Yadier Molina gets cast removed from surgically-repaired thumb

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Yadier Molina underwent surgery to repair a ligament tear in his right thumb shortly after the Cardinals were eliminated from the NLDS by the Cubs, and then he needed a followup procedure two months later.

It’s been an offseason of rest and rehab for the seven-time All-Star and eight-time Gold Glover, though he’s about ready to ramp up the intensity of workouts with the beginning of spring training approaching …

Brayan Pena was signed to a two-year, $5 million free agent contract this winter to provide more reliable depth behind the plate. He’ll be the Cardinals’ starter at catcher come Opening Day if Yadi isn’t quite ready.

Molina started a whopping 131 games behind the plate in 2015.

Jose Fernandez wants $30 million a year, Marlins don’t plan on paying

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You’ve heard the stories by now. Jose Fernandez does not get along with Marlins management and is doubtful to sign a long-term contract with the team.

There’s still time for those relationships to be repaired — Fernandez can’t become a free agent until after the 2018 season — but we also have a monetary issue at play.

Barry Jackson of the Miami Herald writes Sunday that the Marlins are “under the impression” Fernandez and his representatives want $30 million per year on a long-term deal, a figure the Marlins “have no plans to meet.”

If the Marlins won’t pay, Fernandez and his reps will seek that number when the ace right-hander reaches free agency. That could be the same offseason Bryce Harper tries for $500 million.

A friend of Fernandez told Jackson that the 23-year-old native of Cuba was upset about some of the trades the Marlins made last summer and the removal of pitching coach Chuck Hernandez. You probably heard talk of Miami shopping Fernandez this winter, but the asking price was predictably sky-high.

Fernandez has been limited to 19 starts over the last two years because of Tommy John surgery and a biceps injury, but he boasts a stellar 2.40 ERA, 1.01 WHIP, and 10.5 K/9 in 289 career major league frames. He will make $2.8 million in 2016 and carries two more years of arbitration eligibility.

If he can put together a run of 30-start, 200-inning seasons, Fernandez will get that $30 million per year and probably much more.

Michael Brantley’s timetable off shoulder surgery is “hazy”

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Paul Hoynes at the Cleveland Plain Dealer has an in-depth look at how the Indians will manage their outfield during the early part of the 2016 season, in the absence of star Michael Brantley.

Brantley underwent labrum surgery on his right shoulder this past November and has not picked up a bat all winter. “In the off-season people know I love to hit,” Brantley acknowledged to Hoynes late last week. ”I hit a lot. It’s just been a change in my timetable.”

Hoynes says the projected date for Brantley’s 2016 debut is “hazy,” guessing that it might happen around late April or early May if everything continues to go smoothly. Shoulders can be tricky, for hitters and pitchers.

Rajai Davis, Abraham Almonte, and Lonnie Chisenhall figure to make up Cleveland’s primary starting outfield while Brantley is finishing his rehabilitation. Collin Cowgill and Joey Butler could also be in the mix. It’s a lacking group, tasked with replacing one of the most productive players in baseball.

Brantley, 28, has slashed .319/.382/.494 over the last two seasons, tallying 35 home runs, 90 doubles, 181 RBI, and 38 stolen bases in 293 games.

Could the talented Tribe be in for another slow start?

Shouldn’t this club be spending more money?

Jose Bautista had a courtside view of Saturday night’s epic NBA Slam Dunk Contest

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Zach LaVine of the Minnesota Timberwolves and Aaron Gordon of the Orlando Magic put on a tremendous show in Saturday night’s NBA Slam Dunk Contest up in Toronto, Canada. The stars were out to see it at the Air Canada Centre, and Blue Jays slugger Jose Bautista had one of the very best views in the house. Check out this video he posted to Instagram of LaVine’s final dunk, a between-the-legs jam from just inside the free throw line …

Its a wrap!!! #BackToBack #SlamDunk #Champion @zachlavine8 🙌🏽🙌🏽🙌🏽🙌🏽

A video posted by Jose Bautista (@joeybats19) on

That is Toronto’s very own Drake going wild in the pink jacket. Gordon probably had the best individual dunk of the night, though, if we’re being really real …

Back to your regularly scheduled baseball programming. Pitchers and catchers report Friday.