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.

Nationals place Stephen Strasburg on the disabled list

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Nationals starter Stephen Strasburg lasted only two innings in Sunday’s start against the Diamondbacks. He said he had trouble getting loose and had some stiffness in his forearm. Two days ago Dusty Baker said that expected Strasburg to make his next scheduled start on Saturday at home against the Rockies.

Nope. Not happening.Today the Nationals placed Strasburg on the 10-day disabled list with a right elbow nerve impingement.

Not that they expect it to be a long stay. The plan is for him to miss one start, rest up and come back. Erick Fedde will be promoted from Triple-A Syracuse to pitch in Strasburg’s place on Saturday against the Rockies.

Optimistically, this is a situation in which, if the Nats were in a tight race, Strasburg would try to gut it out, but since they’re not, they can afford to be cautious with him. Obviously time will tell if such optimism is warranted.

Danny Tartabull: dumbest fugitive alive

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Remember Danny Tartabull? He was a pretty dang good, and underrated, slugger in the 1980s and 1990s. For a brief moment he was even baseball’s highest-paid player. He began with the Mariners, but his best years came in Kansas City where he put up a line of .290/.376/.518 (144 OPS+) with 124 homers over five seasons. From there he went to the Yankees, where he continued to be a solid producer for the most part, with an .845 OPS (128 OPS+) and added another 81 homers in four seasons. He was a journeyman after that and retired after the 1997 season.

Since then things haven’t been all that great for Tartabull. While he was a key contributor to the teams for which he played, he didn’t contribute much to his own dang children. In 2011 he was adjudged a deadbeat dad with a $275,000 outstanding child support bill for which he received a criminal conviction. He was granted probation, which he violated, and then failed to report for the six-month jail sentence he was handed. Since 2012 there has been a warrant out for his arrest.

Given that there are still enough people around who know and remember Danny Tartabull, it seems like it’d be pretty easy to track him down. He’s been a fugitive for the past five years, however, likely due to the police not prioritizing a six-month sentence for a deadbeat.

Thankfully, though, Tartabull helped them out. How? He called them:

54-year-old Tartabull has basically been under the radar ever since … until July 24, when he called police himself to report that his car had been broken into near his apartment in Agoura, CA.

When cops arrived, they ran Tartabull’s name through the system and noticed the active warrant — and immediately arrested him.

Not supporting your kids is shameful. Skipping out on a jail sentence is wrong. Calling the cops when there’s a longstanding warrant for your arrest is stupid.

Congratulations, Danny. You haven’t played baseball for 20 years, but this week you won the triple crown.