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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.

Giants acquire Eduardo Nunez from the Twins

ARLINGTON, TX - JULY 07: Eduardo Nunez #9 of the Minnesota Twins throws for an out at first in the fourth inning during a game against the Texas Rangers at Globe Life Park in Arlington on July 7, 2016 in Arlington, Texas.  (Photo by Sarah Crabill/Getty Images)
Sarah Crabill/Getty Images
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The Giants have acquired All-Star infielder Eduardo Nunez from the Twins in exchange for minor league pitcher Adalberto Mejia, the club announced on Thursday night.

Nunez, 29, went 0-for-4 in Thursday night’s game against the Orioles. He’s hitting .296/.325/.439 with 12 home runs, 47 RBI, 49 runs scored, and a league-best 26 stolen bases in 391 plate appearances this season. Nunez has played mostly at shortstop this season, but has also logged significant time at third base and a handful of games at second base, so he’ll give the Giants some versatility.

Nunez will likely play a lot of third base for the Giants as Matt Duffy is still sidelined with a strained left Achilles. He’s earning $1.475 million this season and will enter his third and final year of arbitration eligibility heading into 2017.

Mejia, 23, was considered the Giants’ seventh-best prospect by MLB Pipeline. He earned a promotion to Triple-A Sacramento last month after posting a 1.94 ERA with Double-A Richmond. In seven starts with Sacramento, he has a 4.20 ERA with a 43/11 K/BB ratio in 40 2/3 innings.

With a roster spot open, the Twins called up infield prospect Jorge Polanco from Triple-A Rochester, per MLB.com’s Rhett Bollinger.

Report: Mariners’ Taijuan Walker drawing “strong” trade interest

SEATTLE, WA - JUNE 08:  Starting pitcher Taijuan Walker #44 of the Seattle Mariners looks on from the dugout after completing eight innings against the Cleveland Indians at Safeco Field on June 8, 2016 in Seattle, Washington.  (Photo by Otto Greule Jr/Getty Images)
Otto Greule Jr/Getty Images
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Bob Nightengale of USA TODAY reports that the Mariners have received “strong” trade interest for starter Taijuan Walker. The right-hander is currently on the mend from tendinitis in his right foot.  He’ll throw a bullpen on Friday at Wrigley Field with scouts in attendance.

Walker, 23, has a 3.66 ERA with an 80/18 K/BB ratio in 86 innings this season. It’s his first bit of sustained success at the major league level. What’s arguably just as intriguing is the fact that Walker will be under team control through 2020.

The Mariners have been hovering around .500 for the last month and entered Thursday six games behind the first-place Rangers in the AL West and 4.5 games out of the second AL Wild Card slot, behind three other teams as well as the two Wild Card leaders. It’s enough uncertainty which could push the Mariners to sell.