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At least one person thinks San Jose has a strong case against Major League Baseball


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.

Ohio Governor John Kasich Says Baseball is dying, you guys

COLUMBUS, OH - MAY 4: Republican presidential candidate Ohio Gov. John Kasich speaks to the media announcing he is suspending his campaign May 4, 2016 in Columbus, Ohio. Kasich is the second Republican candidate within a day to drop out of the GOP race. (Photo by J.D. Pooley/Getty Images)
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For reasons that are not entirely clear to me the governor of my state, John Kasich, was on The Dan Patrick Show today. He had some bad news, unfortunately. According to Kasich, “baseball is going to die.”

It’s based mostly on his belief that, because some clubs are rich and some clubs are not so rich, and because players make too much money, poor teams cannot compete and fans cannot find a basis for team loyalty. He cites his boyhood rooting for the Pittsburgh Pirates and the ability for fans to root for players on the same teams year-in, year-out and claims that, if you don’t root for a high-payroll team, “your team is out before the All-Star Break.” Which is demonstrably not true, but he was on a roll so Patrick let him finish.

The real issue, Kasich says, is the lack of revenue sharing in the NFL-NBA mold. He makes a reference to “my buddy Bob Castellini,” the owner of the Cincinnati Reds, and says stuff about how the Reds can’t compete with the Cubs on payroll. His buddy Bob Castellini, by the way, is worth half a billion dollars, purchased the Reds for $270 million, they’re now worth an estimated $905 million, and they just signed a lucrative new TV deal, so thoughts and prayers to his buddy Bob Castellini and the Reds.

Kasich is right that baseball does not have straight revenue sharing like the NFL and NBA do. But he’s also comically uninformed about the differences in financial structure and revenue sources for baseball teams on the one hand and other sports on the other. He talks about how NFL teams in small towns like Green Bay can do just great while the poor sisters in Cincinnati can’t do as well in baseball, but either doesn’t realize or doesn’t acknowledge that local revenue — especially local TV revenue — pales in importance in football compared to baseball. If the Packers had to make all of their money by broadcasting games to the greater Green Bay area their situation would be a lot different. Meanwhile, if the Yankees had to put all of the revenue they receive via broadcasts in the greater New York area and give it to the poorer teams, it would something less than fair, would it not?

Wait, that’s it! I realize now why my governor did not do as well in the Republican primaries as he expected to! HE’S A COMMUNIST!

Billy Williams, Bill Murray and . . . Fall Out Boy!

CHICAGO, IL - APRIL 08:  Former players Ferguson Jenkins (L) and Billy Williams of the Chicago Cubs throw out ceremonial first pitches before the Opening Day game against the Milwaukee Brewers during the Opening Day game at Wrigley Field on April 8, 2013 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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Major League Baseball has announced the on-field ceremonial stuff for tonight’s Game 3 of the World Series. There are a couple of good things here! And one bit of evidence that, at some point when he was still commissioner, Bud Selig sold his mortal soul to a pop punk band and now the league can’t do a thing about it.

The ceremonial first pitch choice is fantastic: it’s Billy Williams, the Hall of Famer and six-time All-Star who starred for the Cubs from 1959 through 1974. Glad to see Williams here. I know he’s beloved in Chicago, but he has always seemed to be one of the more overlooked Hall of Famers of the 1960s-70s. I’m guessing not being in the World Series all that time has a lot to do with that, so it’s all the more appropriate that he’s getting the spotlight tonight. Here’s hoping Fox makes a big deal out of it and replays it after the game starts.

“Take me out to the ballgame” will be sung by the guy who, I assume, holds the title of Cubs First Fan, Bill Murray. It’ll be wacky, I’m sure.

The National Anthem will be sung by Chicago native Patrick Stump. Who, many of you may know, is the lead singer for Fall Out Boy. This continues Major League Baseball’s strangely strong association with Fall Out Boy over the years. They, or some subset of them, seem to perform at every MLB jewel event. They have featured in MLB’s Opening Day musical montages. They played at the All-Star Game this summer. Twice. And, of course, they are the creative minds behind “My Songs Know What You Did in the Dark,” (a/k/a “light ’em MUPMUPMUPMUP“) which Major League Baseball and Fox used as incessant playoff bumper music several years ago. I don’t ask for much in life, but one thing I do want is someone to love me as much as Major League Baseball loves Fall Out Boy. We all do, really.

Wayne Messmer, the former public address announcer for the Cubs and a regular performer of the National Anthem at Wrigley Field will sing “God Bless America.”

Between that and Bill Murray, I think we’ve found out the Cubs strategy for dealing with Andrew Miller: icing him if he tries to straddle the 6th and 7th innings.