San Jose postcard

Major League Baseball moves to dismiss the San Jose antitrust lawsuit


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.

The World Series broadcast schedule is announced

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Major League Baseball just announced the broadcast schedule for both Games 6 and 7 (if necessary) of the NLCS and the entire World Series.

There are no surprises here. The World Series games are all on Fox. The pregame show starts at 7:30 and the games themselves start just after 8pm Eastern Daylight Time, regardless of whether it’s Chicago or Los Angeles representing the National League. For some reason Game five of the World Series, scheduled a week from Sunday if it comes to pass, starts seven minutes later than all of the other games. Maybe something super exciting will happen then.


Red Sox sports medicine director says David Ortiz “was essentially playing on stumps”

BOSTON, MA - OCTOBER 1: David Ortiz #34 of the Boston Red Sox tips his helmet to the crowd as he exits the game after he singled during the fifth inning against the Toronto Blue Jays at Fenway Park on October 1, 2016 in Boston, Massachusetts. (Photo by Rich Gagnon/Getty Images)
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David Ortiz had a whale of a final season with the Red Sox. It was so good that he was asked, many, many times, if he was thinking of reversing his retirement decision and coming back for 2017. Ortiz always said no, he was still retiring, occasionally making mention of his aching feet and the physical grind his 40-year-old body was undergoing.

We now know just how much of a grind it was. Indeed, it was extreme. We know this because Dan Dyrek, the Red Sox’ coordinator of sports medicine services, tells it to Rob Bradford of WEEI. Dyrek says that the injuries to Ortiz’s feet, which were often referred to as achilles tendon problems, were way, way more complicated than that, affecting every muscle, bone and tendon in his feet in chain reaction fashion. Dyrek:

“He was essentially playing on stumps. Instead of having this nice, flexible, foot, ankle, calf mechanism to act as a shock absorber, he was playing on stumps. And you can do that for only so long. He was in warrior mode trying to play through this. Once we diagnosed him and saw what was going on and started explaining things to him, there was actually a sense of relief because now he had an explanation of what he was in such excruciating pain.”

That Ortiz was able to even walk through what Dyrek describes is pretty amazing. That he was able to put up a near-MVP season with all of that pain is incredible.