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.

Marlins defeat the Mets, then pay their respects to Jose Fernandez on the pitcher’s mound

MIAMI, FL - SEPTEMBER 26: Miami Marlins players all wearing jerseys bearing the number 16 and name Fernandez honor the late Jose Fernandez before the game against the New York Mets at Marlins Park on September 26, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
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The Marlins were somehow able to muster up the strength not only to play Monday night’s game against the Mets, but also win it convincingly one day after losing Jose Fernandez in a tragic boating accident. The Marlins and Mets helped pay tribute to Fernandez prior to the start of the game as outlined here.

When the game started, the Marlins came out of the gate with a bang. Dee Gordon homered in his first at-bat, then the club hung a four-spot in the second inning. They tacked on two more in the third inning to chase starter Bartolo Colon and take a commanding 7-0 lead. The Mets chipped away for two runs in the fifth on an Asdrubal Cabrera two-run homer and tacked on one more in the eighth, but ultimately fell short by a 7-3 margin.

Gordon finished 4-for-5 with the homer and two RBI. Justin Bour went 3-for-3 with a single, double, triple, and a walk along with an RBI and two runs scored.

A.J. Ramos, who closed out the win, placed the ball on the pitcher’s mound for Fernandez. The Marlins huddled around the mound and said a prayer. The players huddled closer to the rubber on the mound, then left their hats behind as they retreated to the clubhouse as fans at Marlins Park chanted, “Jose, Jose, Jose.”

In a post-game interview, Gordon called his first-inning home run “the best moment of my life,” as NBC 6 Sports reports.

Indians defeat Tigers, clinch AL Central for first division title since 2007

CLEVELAND, OH - SEPTEMBER 7: Roberto Perez #55 of the Cleveland Indians hits an RBI single during the second inning against the Houston Astros at Progressive Field on September 7, 2016 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
Jason Miller/Getty Images
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The Indians beat the Tigers 7-4 at Comerica Park on Monday night, clinching the AL Central for their first division title since 2007. Starter Corey Kluber lasted only four innings before exiting with right groin tightness, but the Indians were able to overcome the adversity.

Coco Crisp gave the Indians their first two runs with a two-run home run in the second inning off of starter Buck Farmer. The Tigers would promptly tie the game on a two-run homer by J.D. Martinez in the bottom half of the inning.

In the fifth, an RBI double by Jason Kipnis and a sacrifice fly by Mike Napoli put the Tribe back on top 4-2. The Tigers answered once again with a Miguel Cabrera RBI single in the bottom half to make it 4-3.

Roberto Perez homered for the Indians in the top of the top of the seventh, and Cabrera answered with another RBI single in the bottom half to keep it within one run at 5-4.

The Indians tacked on another insurance run in the eighth on three consecutive two-out singles by Crisp, Rajai Davis, and Perez. Carlos Santana then hit what should have been the final out of the eighth inning, but J.D. Martinez botched the catch, allowing the Indians’ seventh run to score.

Cody Allen shut the Tigers down in the bottom of the ninth, protecting the 7-4 lead for his 30th save of the season.

The last time the Indians won the AL Central, their starting lineup featured a 28-year-old Victor Martinez, a 25-year-old Jhonny Peralta, a 24-year-old Grady Sizemore, and a 26-year-old CC Sabathia. It’s been a long time.

The American League playoff picture still isn’t set yet, so the Indians will be intently watching the final week of the season to see who will be their playoff opponent.