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.

Brad Ausmus is not a fan of the Tigers’ schedule

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Everyone in baseball has a tough schedule. The season is a grind. Some teams, however, due to weather and happenstance, have stretches which are a tougher grind than others. The Tigers are in one of those right now.

Detroit played the Astros on Thursday night, and lost in a three-hour and thirty minute contest. It was a getaway day, er, night, and they didn’t get to Chicago to face the White Sox until the wee wee hours of the morning on Friday. Waiting for them: a double header which was to start at 4pm. The first game of it was rained out, though, so they woke up after a short “night’s sleep for nothing. Then the nightcap was delayed over an hour, giving them another late bedtime. On Saturday it was another double header, so it was another early wakeup and another long day at the park. And, of course, another day game on Sunday, before a flight to Kansas City.

This stretch has made Brad Ausmus grumpy. Here he was after Friday night’s late finish:

“Give some credit to the White Sox pitchers, give some credit to the schedule we have. We’ll try to get about 5 hours of sleep and come back tomorrow and play two more.”

He was particularly miffed at the scheduling of two doubleheaders in a row:

“You can’t control the weather but I think it would have been prudent to play the second game tomorrow in August,” he said. “That would have made a lot more sense to me.”

Ausmus did note, however, that it’s not the White Sox’ job to make a schedule that is convenient for their division rivals.

You can look at this in a few different ways. One one level, Ausmus is understandably upset about a particularly arduous stretch of games. On another level he’s probably trying to protect his players, who have looked flat, by changing the subject from their play to the schedule. On a different level, you could say that he’s making excuses for a team that is underachieving. And, of course, those three things are not mutually exclusive.

The thing is, though, that the Tigers have lost seven of ten, are five out of first place, four games under .500 and could conceivably leave their series with the Royals this week in dead last in the Central. Ultimately, extenuating circumstances like the weather and an unfortunate schedule don’t save a manager whose talented and highly-paid team struggles like the Tigers have. If they don’t turn it around soon, Ausmus could be hitting the bricks and the Tigers could be fixing to sell off and rebuild.

And That Happened: Sunday’s Scores and Highlights

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Good morning. I hope your Memorial Day is safe and meaningful. Here are what sound like some good thoughts about all of that. In the meantime, here are the scores. Here are the highlights:

White Sox 7, Tigers 3: Miguel Gonzalez took a perfect game into the seventh inning as the Chisox take three of four from the Tigers. Many baseball experts think that Memorial Day is the point of the baseball season when the early season mirages begin to dissipate and the shape of the season truly begins to take form. I think the wild card and overall parity has altered that some, pushing the date of baseball reality well into the summer, but it’s worth noting that the White Sox are only two games worse than the Cubs right now and have a better pythagorean record.

Dodgers, 9, Cubs 4: Cody Bellinger and Kiké Hernandez each hit three-run homers as the Dodgers offense compensates for a rare bad Clayton Kershaw start (4.1 IP, 4 R, 11 H, 3 HR). He’s allowed to have a bad day, though, I suppose. Jon Lester‘s was worse (3.1 IP, 7 H, 6 R, 2 HR).

Brewers 9, Diamondbacks 5: That Chicago thing is weird, but how many of you had the Milwaukee Brewers in first place come Memorial Day? They are — 1.5 games up on both the Cards and Cubs. Here Domingo Santana hit his first career grand slam and Jimmy Nelson struck out ten over seven innings.

Yankees 9, Athletics 5: Aaron Judge hit a grand slam and now sits at .321/.422/.679 and is on pace for 55 homers. His minor league track record suggested he’d be good, but I don’t think many folks expected him to be this good this fast. Meanwhile, Michael Pineda picked up his sixth win. He had six wins in all of 2016.

Rangers 3, Blue Jays 1: The Rangers snap a five-game losing streak as Joey Gallo‘s 15th homer broke a 1-1 tie in the fourth. He’s on pace for 48 homers and is hitting .198. That’s not ideal, but I hope he keeps that pace up exactly, mostly because it’ll make people’s heads explode. And by “people,” I mean those color commentators of a certain age who retreat to their fainting couches when players don’t hit the ball the other way, make contact for contact’s sake and think homers kill rallies.

Indians 10, Royals 1: Josh Tomlin tossed a complete game, allowing only one run on six hits. He only struck out three batters too, which goes against everything baseball in the teens is supposed to be about. It was probably a lot of fun to watch. Jason Kipnis went 4-for-4 with a home run and two RBI. He walked too, reaching base in all five plate appearances

Marlins 9, Angels 2: Marlins starter Jose Urena walked six guys in five innings. Struck out seven and got the win too. “That’s more like it,” says teens baseball. Giancarlo Stanton had three hits and a homer and J.T. Riddle homered and drove in three. Meanwhile, Mike Trout sprained his left thumb while stealing second base. X-rays revealed no fracture, but he is set to have an MRI today. If he’s out for a significant amount of time Angels fans can turn their attention to other things for the rest of the summer.

Mariners 5, Red Sox 0: Christian Bergman tossed seven shutout innings, allowing only four hits, to help halt the Red Sox’ six-game winning streak. Not bad considering the the last time he pitched he gave up ten runs on 14 hits. The M’s turned four double plays behind him in the first four innings. Robinson Cano and Guillermo Heredia hit homers.

Padres 5, Nationals 3: On Friday and Saturday the Padres scored only one run and had only six hits while striking out 31 times in losses to Max Scherzer and Steven Strasburg. Here they had five runs on fourteen hits. The lesson: it’s better to face Joe Ross than Max Scherzer and Steven Strasburg. Probably worth noting that Bryce Harper, Jayson Werth, Daniel Murphy and Matt Wieters were all out of the lineup for Washington.

Reds 8, Phillies 4Patrick Kivlehan hit two solo shots and Adam Duvall hit two two-run dongs. Scott Schebler hit only one homer. Slacker.

Rays 8, Twins 6: Fifteen innings of baseball lasting six hours and twenty-six minutes. Even Longoria and Logan Morrison ended the nonsense in the 15th with a pair of solo homers. Meanwhile, Joe Mauer did something special.

Astros 8, Orioles 4: Baltimore had a 3-0 lead at the end of an inning and a half, but it was all Houston after that. George Springer homered and Marwin Gonzalez and Yuli Gurriel each hit RBI doubles during the Astros’ six-run second inning. The O’s have lost seven straight.

Rockies 8, Cardinals 4Gerardo Parra had three hits, including a three-run homer as the Rockies win their fourth straight and their sixth in eight games. German Marquez got the win. The rookies went 4-1 in May. Overall, Rockies’ rookie starters finish 12-3 in May.

Giants 7, Braves 1: Johnny Cueto‘s blisters didn’t seen to be bothering him yesterday as he allowed one run on six hits and struck out eight over six innings. Brandon Crawford drove in three via a fielder’s choice and a two-run single.

Mets 7, Pirates 2: Matt Harvey allowed one run over six to win his second straight start. Jay Bruce and Curtis Granderson each had three hits as the Mets rattled off 14 in all.