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.

Padres trade starters Andrew Cashner, Colin Rea to the Miami Marlins

Andrew Cashner
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8:47 AM: The Padres may be giving up two pitchers, but they’re getting a nice return. Early reports have first baseman Josh Naylor, the Marlins’ top position playing prospect, heading to San Diego. Naylor, the Marlins’ first round pick in 2015, is currently in A-ball, where he’s hitting .269/.317/.430 with nine homers and 54 RBI in 89 games. He has no real defensive value but he’s only 19 and is expected to hit wherever he goes. Naylor, from Canada, recently played in the Futures Game, where he had two hits and drove in a run for the World team.

8:31 AM: Barry Jackson of the Miami Herald reports that the Marlins are also getting pitcher Colin Rea from Padres. Rea has started 18 games this year for San Diego, posting a 4.98 ERA and a K/BB ratio of 76/44 in 99 and a third innings. He’s definitely more innings eater than effective starter, but the Marlins are clearly looking to throw as many pitchers at the problem as they can get. Plus: Rea is under team control through 2021 and won’t be arbitration eligible until 2019, so he’ll be with Miami for a long time if they want him.

8:29 AM: Ken Rosenthal just reported that this trade is “bigger than just Cashner,” and that the Marlins may be getting more from the Padres. So stay tuned.

8:26 AM: Buster Olney reports that the San Diego Padres have traded pitcher Andrew Cashner to the Miami Marlins. There’s no word yet on the return.

This is a rental of a guy with a live arm but who has experienced some mighty struggles this season. Cashner is 4-7 with a 4.76 ERA and a 67/30 K/BB ratio in 79 1/3 innings. He missed over three weeks between June 11 and July 2 due to a strained neck. A righty, Cashner is earning $9.625 million this season and will be eligible for free agency after the season.

Miami has been in desperate need to upgrade the back of its rotation. If Cashner can regain the form he showed before injuries slowed him down in the past two seasons, he will be an upgrade. That’s not necessarily a pipe dream — he’s pitched pretty well of late — and he certainly has some incentive to show what he can do down the stretch to potential suitors this coming offseason.

The Marlins currently sit five games back of the Nationals in the NL East and are tied with the Cardinals for the second wild card slot.

And That Happened: Thursday’s scores and highlights

ANAHEIM, CALIFORNIA - JULY 28:  
 Mike Trout #27 of the Los Angeles Angels of Anaheim slides past catcher Sandy Leon #3 of the Boston Red Sox to score the tying run in the ninth inning after Leon jumped but couldn't reach the ball on a throwing error at Angel Stadium of Anaheim on July 28, 2016 in Anaheim, California.  The winning run also scored on the play as the Angels won 2-1.  (Photo by Stephen Dunn/Getty Images)
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Last night Hillary Clinton jabbed at Donald Trump by saying that “A man you can bait with a tweet is not a man we can trust with nuclear weapons.” This means that no Phillies fan who followed me from 2009-2012 and no Royals fan who has followed me since 2014 can ever be president. Sad seeing y’all disqualify yourselves like that, but that’s just how it goes.

Anyway, here are the scores. Here are the highlights:

Rockies 2, Mets 1: Jeurys Familia saved 52 (regular season) games in a row before Wednesday night, now he’s blown two in a row. This one on a day when his manager said he wasn’t going to pitch but used him anyway, but I suppose stuff happens. So do errors by your first baseman and wild pitches in games that, because your offense could do nothing, you had no margin for error. For Colorado, credit Tyler Anderson for allowing only one run in six and four relievers for allowing bupkis to the Mets the rest of the way.

Angels 2, Red Sox 1: Speaking of bad defense from your first baseman, Hanley Ramirez sailed a throw home in the ninth inning which allowed both of the Angels runs to score in walkoff fashion. Assist to Brad Ziegler for loading the bases with one out beforehand, helping squander eight shutout innings from David Price. That’s four straight losses for the Sox. They’re just lucky that the Orioles have lost three in a row themselves.

Brewers 6, Diamondbacks 4: Ryan Braun, Jonathan Lucroy and Jonathan Villar got the day off yesterday but it didn’t matter. The Brewers had Zach Davies going and, despite a first inning stumble, he was solid, allowing two earned runs while pitching into the seventh. For the Dbacks, Robbie Ray struck out 11 dudes in fewer than six innings but he ran out of gas and the pen couldn’t hold the Snakes’ early lead. There are rumors that Chip Hale is on thin ice as Arizona’s manager. Games like this can’t help his mood.

Twins 6, Orioles 2: A four-run seventh inning for the Twins broke a 2-2 tie. Max Kepler tied the game at 2 with a homer in the sixth and had two hits and two RBI in all. Eduardo Nunez went 0-for-4 and was traded to San Francisco after the game, which was a makeup from a postponed game from back in May. Life is the illusion of control over one’s plans and circumstances.

Phillies 7, Braves 5: Aaron Altherr went 3-for-4 with a homer and two RBI in his first game back after missing over 100 of ’em with a broken wrist. Maikel Franco and Tommy Jospeh homered too. Matt Wisler of the Braves gave up all three of those bombs because giving up bombs is what Matt Wisler does.

Cardinals 5, Marlins 4: Aledmys Diaz homered, doubled and drove in three. His homer came off of Jose Fernandez, who was his childhood friend in Cuba. With friends like these . . . Fernandez was beat up pretty good — he also allowed a homer to Matt Holliday — and gave up five runs in five innings. Dee Gordon went 0-for-4 in his return from his drug suspension. Ichiro got a hit and is two shy of 3,000. In other news, a bunch of my friends were at this game because the SABR convention is going on down in Miami right now. During the game one of them tweeted that, in their opinion, the silly home run sculpture thing in the outfield at Marlins Park should light up when the visitors hit a homer too. This morning I woke up to a bunch of their tweets from karaoke bars in the middle of the night. One of them was doing “Piano Man.” another was doing “Walking in Memphis.” SABR convention attendees: wrong for baseball, wrong for America. Everyone knows that the best karaoke song is “Laid” by James. And that if you don’t do the high notes on the “. . . think you’re so pretty . . .” lines you shouldn’t even bother.

Rangers 3, Royals 2: Cole Hamels allowed two runs and six hits in eight innings, giving his stumbling club both innings and effectiveness just like an ace does. Lookin’ at you, Pete Mackanin. The Royals have lost seven of ten and sit in fourth place, nine games back in the AL Central.

Cubs 3, White Sox 1: Chris Sale came back and allowed two runs in six innings. This is frustrating in that if he pitched either way, way better or way, way worse, I could’ve shoehorned in a “shredded” descriptor about his performance. As it was, he and the Sox lost because John Lackey and the Cubs bullpen pitched better.

Nationals 4, Giants 2: The Nationals’ bullpen tried its hardest to blow this one, allowing the Giants to rally a bit in the ninth, but it wasn’t a big enough rally. Tanner Roark allowed one run over seven innings, striking out three and [all together now] helping his own cause by singling in a run in the Nats’ three-run second inning. The Nats won their 60th game. The Giants are stuck on 59. The Cubs have 61.