San Jose postcard

Major League Baseball moves to dismiss the San Jose antitrust lawsuit

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Major League Baseball moved to dismiss the antitrust lawsuit filed against it by the city of San Jose over the relocation — or lack of relocation — by the Oakland A’s.  The Mercury-News has the full story. The short version, though, is that among the multiple defenses the suit raises, Major League Baseball has asserted that San Jose has no standing to sue.

This was the biggest weakness I and many others saw when the suit was filed. All plaintiffs to a lawsuit must be able to show that he or she has some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. As Major League Baseball argued in its filing yesterday, San Jose has no such interest:

“The alleged harms are too remote and speculative to support an antitrust claim. If [San Jose’s claims were supported], it would lead to absurd results: every time a franchise contemplated relocation, MLB would be subjected to suits from any city that desires a team and from any city that does not want to lose a team … San Jose is a city. And, like many cities, it may want to host a Major League Club in a brand new revenue-producing stadium, and to entertain fans in its local businesses. San Jose is not, however, a Major League club, a potential purchaser of a Major League club, or the owner of a stadium that is available for lease to a Major League club.”

I’m normally not too impressed with lawyers’ “this would create absurd results” arguments, because often they don’t point to any actually possible absurd results. But really, if you read and believe San Jose’s lawsuit, any city could file such a suit. When the Rays talk speculatively about maybe one day having to leave St. Petersburg, there’s really nothing stopping, say, the city of Newark, New Jersey from saying “we’d love to have the Rays but we can’t because of MLB’s territorial rules and that prevents us from making all kinds of money on a franchise so please help us out, court.”

Sure, unlike that scenario there has been flirtation between the A’s and San Jose, but there is really nothing more legally binding between them than there is between the Rays and Newark. They have one thing: a land-purchase option that provides San Jose no guarantees of any kind beyond some very low payments to keep the option open. That money has been paid. They’re out nothing by virtue of Major League Baseball’s anti-competitive behavior. No obligations actually legally owed to them have been thwarted by Major League Baseball.

This would be different if the A’s were plaintiffs here and their interest in moving was being thwarted. Or if there was actually some investment (beyond a P.R. offensive by San Jose’s mayor) to get the A’s to San Jose which was undertaken with a reasonable expectation that the move could happen.  But we don’t have that here. We have no damages. San Jose has no standing.

I so want this lawsuit to be successful for selfish, end-driven reasons having to do with my disdain for MLB’s antitrust exemption and my desire to see teams move to follow the nation’s population patterns. But this isn’t the suit that’s gonna do it. At least as it is currently structured.

Video: Pete Rose appears in TV commercial for sports betting app

Former Cincinnati Reds player and manager Pete Rose poses while taping a segment for Miami Television News on the campus of Miami University, Monday, Sept. 21, 2015, in Oxford, Ohio. (AP Photo/Gary Landers)
AP Photo/Gary Landers
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When Pete Rose’s application for reinstatement was denied in December, MLB commissioner Rob Manfred wrote that the all-time hit king had done nothing to change his habits from when he violated Rule 21, baseball’s anti-gambling rule. In a stunning lack of self-awareness, Rose informed Manfred during their meeting that he continues to bet on baseball where it is legal. Now that his banishment from MLB has been upheld, Rose has apparently decided to double down on his reputation.

In a commercial that will air locally in Las Vegas during the Super Bowl, Rose helps promote the William Hill sports betting app. Former Las Vegas mayor Oscar Goodman is also featured. As you’ll see below, Rose’s ban for betting on baseball is used as the punchline.

It’s a clever spot. Rose is free to make a living, so if he wants to own his reputation at this point, that’s cool. No judgment here. While Manfred’s ruling seemingly left the door open for the Hall of Fame to make their own determination about his status, Rose might feel that he has nothing left to lose.

Rose has often used not being in the Hall of Fame as a form of self-promotion. We posted the commercial here, so it accomplished exactly what it was supposed to accomplish for all involved. But Rose also can’t act shocked why he continues to stand outside the gates. We’re all in on the joke, whether he wants to admit it or not.

(Thanks to Mark Townsend of Big League Stew for the link)

UPDATE: Jesse Chavez wins arbitration hearing against Blue Jays

Oakland Athletics starting pitcher Jesse Chavez works against the Texas Rangers during the first inning of a baseball game Friday, Sept. 11, 2015, in Arlington, Texas. (AP Photo/Tony Gutierrez)
AP Photo/Tony Gutierrez
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UPDATE: Jerry Crasnick of ESPN.com reports that Chavez won his arbitration case and will make a $4 million salary in 2016.

10:47 a.m. ET: Ben Nicholson-Smith of Sportsnet.ca reports that the Blue Jays and right-hander Jesse Chavez had an arbitration hearing on Friday, with a decision expected today.

Chavez, who was acquired from the Athletics this offseason, requested $4 million and was offered $3.6 million by the Blue Jays when arbitration figures were exchanged last month. Toronto is known as a “file-and-trial” team, so they bring these cases to a hearing unless a multi-year deal can be reached. The three-person panel of arbitrators will choose one salary or the other.

Chavez, 32, posted a 4.18 ERA and 136/48 K/BB ratio in 157 innings across 26 starts and four relief appearances last season. He’s expected to compete for the fifth spot in Toronto’s rotation this spring.

Diamondbacks mulling over moving Yasmany Tomas to left field

Arizona Diamondbacks' Yasmany Tomas (24) blows a gum bubble during the third inning of a baseball game against the Chicago Cubs, Friday, May 22, 2015, in Phoenix. (AP Photo/Matt York)
AP Photo/Matt York
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After trading Ender Inciarte to the Braves as part of the Shelby Miller deal, Yasmany Tomas will go into 2016 as a regular in the Diamondbacks’ lineup. Signed to a six-year, $68.5 million contract in December of 2014, Tomas batted .273 with nine home runs and a .707 OPS over 426 plate appearances during his first season in the majors last year while struggling defensively between third base and right field. Third base is out as a possibility at this point, but the Diamondbacks are mulling over another defensive change for him.

According to Nick Piecoro of the Arizona Republic, Diamondbacks manager Chip Hale said Friday that the club has discussed moving Tomas to left field and David Peralta to right.

“We’re definitely talking about it,” Hale said. “(Outfield coach) Dave McKay and I, (General Manager Dave Stewart) and (Chief Baseball Officer) Tony (La Russa), we think it might be best to switch them around.”

When the third base experiment flopped, the Diamondbacks put Tomas in right because they felt he would be the most comfortable there. The metrics weren’t kind to him. He’ll now have a full spring training to work on things if the club decides to make a change. Peralta isn’t the defender that Inciarte was, but he’s better than Tomas, so it’s understandable why the Diamondbacks would change their alignment.

Tomas is likely to be a liability no matter where he plays, but the Diamondbacks won’t mind as much if his bat begins to meet expectations. For a team with designs on the postseason, he’s a big key for this lineup.

Cubs, Jake Arrieta avoid arbitration at $10.7 million

Jake Arrieta
AP Photo/Mark J. Terrill
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The Associated Press is reporting that the Cubs and starter Jake Arrieta have avoided arbitration, agreeing to a $10.7 million salary for the 2016 season. That marks the highest salary on a one-year deal for a pitcher with four years of service, the AP notes. Arrieta and the Cubs were set to go before an independent arbitrator but now can simply focus on the season ahead.

Arrieta, 29, is in his second of three years of arbitration eligibility. He had filed for $13 million while the Cubs countered at $7.5 million. The $5.5 million gap was the largest among players who did not come to terms with their respective teams by the January deadline. The $10.7 million salary is $450,000 above the midpoint between the two submitted figures.

Arrieta won the National League Cy Young Award for his performance this past season, narrowly edging out Zack Greinke, then with the Dodgers. Arrieta led the majors with 22 wins, four complete games, and three shutouts. With that, he compiled a 1.77 ERA and a 236/48 K/BB ratio across 229 innings.

Once a top prospect in the Orioles’ minor league system, Arrieta struggled in the majors but found immediate success with the Cubs in 2013 after the O’s traded him along with Pedro Strop in exchange for Steve Clevenger and Scott Feldman.