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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.

What’s on Tap: Previewing Thursday’s action

PHILADELPHIA, PA - JUNE 16: Starting pitcher J.A. Happ #33 of the Toronto Blue Jays delivers a pitch in the seventh inning against the Philadelphia Phillies at Citizens Bank Park on June 16, 2016 in Philadelphia, Pennsylvania. (Photo by Drew Hallowell/Getty Images)
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Did you know J.A. Happ is in the thick of the American League Cy Young Award race? Of all the contenders, he may be the biggest surprise, even ahead of Drew Pomeranz. Happ leads the league with 17 wins and only has three losses to go with it. He’s holding a 3.05 ERA and a 133/44 K/BB ratio in 150 1/3 innings.

It wasn’t all that long ago that Happ was struggling to stay in a starting rotation. In 2011, his first full season with the Astros, he finished with a 5.35 ERA. In 2012, he put up a 4.79 ERA with the ‘stros and Blue Jays. The next year? 4.56 followed by 4.22, both with the Jays. Then, with the Mariners, he continued the mediocrity with a 4.64 ERA before he was traded to the Pirates.

Under the tutelage of Pirates pitching coach Ray Searage, Happ turned his career around. In 11 starts in Pittsburgh, the lefty had a microscopic 1.85 ERA. That came with significant improvements in his strikeout and walk rates. Even the ERA retrodictors like FIP and xFIP, which had so often agreed with his uninspiring ERA’s, agreed that he had thrown like an elite hurler. So that’s how we arrived at J.A. Happ, Cy Young Award contender.

Among AL starters, Happ is fifth-best in ERA behind Cole Hamels, Jose Quintana, Aaron Sanchez, and Steven Wright. However, his 17-3 record is equaled only by Rick Porcello. As there are still a significant number of voters in the Baseball Writers Association of America who consider won-lost record, Happ is sitting in a good position and will be even better if he can cross the coveted 20-win threshold. He’ll get a bit of a boost as well if he can help the Jays return to the postseason for a second consecutive season.

Happ’s Jays will host the hapless — and Happ-less — Angels on Thursday evening. He’ll take on veteran Jered Weaver in a 7:07 PM EDT start.

The rest of Thursday’s action…

Baltimore Orioles (Ubaldo Jimenez) @ Washington Nationals (Max Scherzer), 7:05 PM EDT

Kansas City Royals (Edinson Volquez) @ Miami Marlins (Tom Koehler), 7:10 PM EDT

New York Mets (Seth Lugo) @ St. Louis Cardinals (Adam Wainwright), 7:15 PM EDT

Cleveland Indians (Josh Tomlin) @ Texas Rangers (Cole Hamels), 8:05 PM EDT

Pittsburgh Pirates (Chad Kuhl) @ Milwaukee Brewers (Wily Peralta), 8:10 PM EDT

Seattle Mariners (James Paxton) @ Chicago White Sox (Anthony Ranaudo), 8:10 PM EDT

Atlanta Braves (Matt Wisler) @ Arizona Diamondbacks (Robbie Ray), 9:40 PM EDT

San Francisco Giants (Matt Moore) @ Los Angeles Dodgers (Ross Stripling), 10:10 PM EDT

Let’s play the “how long has it been since the Cubs won the World Series?” game!

1908 Cubs
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It started with a no-good St. Louis Cardinals fan being a troublemaker. That no-good Cardinals fan was Drew Silva, who began things innocently enough, noting that, despite their dominance this season, any team can theoretically beat the Chicago Cubs in a short series because that’s just how baseball goes:

Cubs fans started giving him guff for that, so Drew gave some back:

And with that it was on like Donkey Kong (a super old video game which was not invented for another 73 years after the Cubs last won the World Series). I tweeted this:

And with that, my followers went crazy. Here’s a sampling of some of the best ones:

And, for that matter . . .

Too soon. Unlike the last Cubs World Series title.

Like I said, this was just a sampling. I’ve retweeted a ton more on my timeline and those I didn’t retweet can be seen in the replies here. My favorite one may have been “literally the invention of sliced bread,” which debuted in 1912, but I can’t find that tweet.

Please, Cubs fans, have a sense of humor about this. You have a wonderful ballpark that is not named after a third tier mortgage company, a grand history that is fantastic even if it hasn’t featured any championships and a future that is as bright or brighter than any other team out there. Maybe even come up with some of your own in the comments! History is fun! As is self-deprecation! What I’m saying is don’t be salty about this sort of thing. Salty is a bad look.

In other news, the Morton Salt Company was incorporated in 1910, two years after the Cubs last World Series victory.