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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.

And That Happened: Wednesday’s scores and highlights

Cleveland Indians starting pitcher Corey Kluber delivers against the Detroit Tigers during the first inning of a baseball game, Wednesday, May 4, 2016, in Cleveland. (AP Photo/Ron Schwane)
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Here are the scores. Here are the highlights:

Indians 4, Tigers 0: Corey Kluber with a five-hit shutout in a game which ended in a tidy two hours and nineteen minutes and featured only three pitchers in all. It’s like it was the 1970s or something.

Red Sox 5, White Sox 2: Sox win!

OK, I can’t just leave it at that for the second day in a row. David Ortiz hit a two-run shot for what ended up being the winning runs. It was Ortiz’s 509th career homer, which ties him with Gary Sheffield for 25th on the all-time home run list. Ortiz is on a 36-home run pace. In the past two seasons he’s hit 37 and 35, so it’s not unreasonable to think he’ll get there. If he does pull that off, he’ll pass Sheffield, Mel Ott, Eddie Matthews, Ernie Banks, Ted Williams, Frank Thomas, Willie McCovey, Jimmy Foxx and Mickey Freakin’ Mantle to end up at 17 on the all-time list. That’s some pretty rarified air. And Gary Sheffield.

Reds 7, Giants 4: Zack CozartBrandon Phillips and Eugenio Suarez each hit homers in the second inning as the Reds put up five on Jake Peavy in the frame and went on to avoid the sweep. The Giants’ top three starters have ERAs of 3.61., 3.32, and 3.03. Their fourth and fifth starters have ERAs of 7.00 (Matt Cain) and 8.61 (Peavy). The Giants are in first place. If they’d gotten anything from the back end of their rotation so far they’d be in first by more than a mere half game.

Cubs 6, Pirates 2Ben Zobrist hit a three-run home run and Anthony Rizzo hit a solo shot. The Cubs sweep the Pirates to win their seventh of eight games. They have a six-game division lead already. Juggernaut, much?

Cardinals 5, Phillies 4: The Cardinals scored twice in the bottom of the ninth, capped off with Matt Holliday‘s walkoff single. After the game Holliday said “we needed it . . . this was one we needed to win.” That seems weird to say in early May, but given that the Cardinals had lost five of six and the Cubs are threatening to run away with the division, it’s not a crazy thought.

Mets 8, Braves 0: Steven Matz pitched two-hit shutout ball into the eighth and Lucas Duda homered twice. New York has won 10 of 12. I’m still of the view that the Braves fire Fredi Gonzalez today. I just feel like that’s a thing that’s gonna happen.

Angels 7, Brewers 3: Mike Trout tripled and homered. Remember when, in the first week or two of the season, people were asking if Trout was OK? He’s now hitting .317/.400/.596 and a 41 home run, 127-RBI pace, so yeah, he’s OK.

Nationals 13, Royals 2: The Nats scored six runs before Stephen Strasburg had to throw a single pitch. They had 10 runs by the time they stopped batting in the third. Most of the afternoon, then, was mere formality. Kris Medlen was both shelled and betrayed by his defense, giving up nine runs, six of which were earned. In two home starts he’s allowed sixteen runs, thirteen earned.

Mariners 9, Athletics 8: Seattle led by two, then trailed by four then came back with five runs between the sixth and seventh innings to take this one going away and to complete the sweep. Dae-Ho Lee hit two bombs for Seattle.

Rockies 2, Padres 0: Eight shutout innings from Tyler Chatwood. The game’s two runs scored of a fielder’s choice and a sacrifice. Feel the excitement.

Yankees 7, Orioles 0: CC Sabathia looked like the CC of old, as he pitched seven shutout innings. The Yankees’ bats finally came alive. Brian McCann drove in three so I guess he came alive too. Total resurrection game for the Bombers. If THE BOSS was still alive . . .

Blue Jays 4, Rangers 3: Russell Martin with a walkoff single, giving the Jays two walkoffs in a row against Texas. Pitcher wins and losses don’t mean much but as a whole the Rangers bullpen has nine losses on the year and that’s not really great or OK.

Marlins 4, Diamondbacks 3: Giancarlo Stanton homered but he’s more than just a power hitter. Check out the hose:

Tomas was called safe, but replay showed that Stanton got ’em.

Rays 8, Dodgers 5: Steve Pearce hit a go-ahead, three-run homer and Brandon Guyer, Steven Souza Jr. and Curt Casali each hit solo shots. The Dodgers were 1-for-13 with runners in scoring position.

 

Astros 16, Twins 4: Jason Castro homered and drove in four runs. Jose Altuve and Carlos Correa both homered and drove in three. It’s the first time all year Houston has won consecutive games. Dang.

Brett Cecil doesn’t appreciate being booed by Blue Jays fans

Toronto Blue Jays manager John Gibbons pulls relief pitcher Brett Cecil during seventh inning baseball action against the Chicago White Sox in Toronto on Monday, April 25, 2016. (Frank Gunn/The Canadian Press via AP) MANDATORY CREDIT
Frank Gunn/The Canadian Press via AP
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Blue Jays reliever Brett Cecil has had a rough start to the 2016 season. The lefty leads the majors in losses with five. With that, he carries an ugly 5.59 ERA in 9 2/3 innings. Cecil entered the season with a rather lengthy consecutive scoreless innings streak, but Jays fans seem to have short memories as the home crowd has directed boos at Cecil.

TSN’s Scott MacArthur caught up with Cecil about the booing.

Struggling early isn’t anything new to Cecil. He rode a 5.96 ERA through June 21 last year, the final time in 2015 he would yield earned runs. From his next appearance on June 24 through the end of the regular season, he posted a 44/4 K/BB ratio over 31 2/3 innings. It would behoove Jays fans to show some more patience with the lefty as Cecil could easily turn things around as he did last season.

Video: A fan tried to take a selfie with Brandon Drury after a catch in foul territory

Arizona Diamondbacks' Brandon Drury swings for a two run double off San Francisco Giants' Curtis Partch in the third inning of a spring training exhibition baseball game Tuesday, March 17, 2015, in Scottsdale, Ariz. (AP Photo/Ben Margot)
AP Photo/Ben Margot
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Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.

A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.

“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.

Watch Giancarlo Stanton dodge imaginary lasers dressed as Chewbacca

Miami Marlins' Giancarlo Stanton bats and reached first on a throwing error by Arizona Diamondbacks third baseman Brandon Drury during the fifth inning of a baseball game, Tuesday, May 3, 2016, in Miami. (AP Photo/Lynne Sladky)
AP Photo/Lynne Sladky
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Marlins slugger Giancarlo Stanton really likes May 4. May the fourth is “Star Wars Day” for the obvious, punny reason.

While he was doing his normal workouts, Stanton donned a Chewbacca mask, then dodged imaginary lasers and fired back at his imaginary enemies. Who knew Chewy was so buff?

May the 4th be with you from ChewyG 👹

A video posted by Giancarlo Stanton (@giancarlo818) on May 4, 2016 at 12:51pm PDT