San Jose postcard

Major League Baseball moves to dismiss the San Jose antitrust lawsuit

48 Comments

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.

Report: Dexter Fowler will take a physical in St. Louis on Friday

CLEVELAND, OH - NOVEMBER 02:  Dexter Fowler #24 of the Chicago Cubs reacts after lining out during the third inning against the Cleveland Indians in Game Seven of the 2016 World Series at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Ezra Shaw/Getty Images)
Ezra Shaw/Getty Images
1 Comment

Update (8:51 PM EST): The deal is in place, according to Heyman.

*

Update (8:27 PM EST): Derrick Goold of the St. Louis Post-Dispatch reports that the Cardinals made an “over-the-top offer” to Fowler to ensure he’d sign.

*

Frank Cusumano of KSDK Sports reports that free agent outfielder will take a physical in St. Louis on Friday. Presumably, that means that Fowler and the Cardinals have gotten pretty far along in negotiations.

Jon Heyman of FanRag Sports recently reported that Fowler was looking for $18 million per year. The Blue Jays reportedly made an offer to Fowler in the four-year, $16 million range several days ago. The Cardinals’ offer to Fowler, if there is indeed one, is likely somewhere between the two figures.

Fowler, 30, is coming off of a fantastic year in which he helped the Cubs win their first World Series since 1908. During the regular season, he hit .276/.393/.447 with 13 home runs, 48 RBI, 84 runs scored, and 13 stolen bases in 551 plate appearances.

Fowler rejected the Cubs’ $17.2 million qualifying offer last month. While the QO compensation negatively affected Fowler’s experience in free agency last offseason — he didn’t sign until late February with the Cubs — his strong season is expected to make QO compensation much less of an issue.

Braves acquire Luke Jackson from the Rangers

ARLINGTON, TX - SEPTEMBER 16:  Relief pitcher Luke Jackson #53 of the Texas Rangers  throws during the ninth inning of a baseball game against the Houston Astros at Globe Life Park on September 16, 2015 in Arlington, Texas. Texas won 14-3. (Photo by Brandon Wade/Getty Images)
Brandon Wade/Getty Images
Leave a comment

Tommy Stokke of RanRag Sports reports that the Braves and Rangers agreed to a trade. According to ESPN’s Keith Law, the Braves will receive pitcher Luke Jackson from the Rangers in exchange for pitchers Tyrell Jenkins and Brady Feigl.

Jackson, 25, is under team control through 2022. He has logged only 18 innings in the majors, yielding 14 runs on 22 hits and eight walks with three strikeouts. While Jackson has struggled with control, the Braves likely see upside because his fastball sits in the mid- to high-90’s.

Jenkins, 24, is also under team control through 2022. The right-hander made eight starts and six relief appearances in his first major league season in 2016, putting up a 5.88 ERA with a 26/33 K/BB ratio over 52 innings.

Feigl, 25, was an undrafted free agent and was signed by the Braves in 2013. The lefty underwent Tommy John surgery in 2015 and briefly rehabbed in rookie ball this past season.