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.

And That Happened: Wednesday’s Scores and Highlights

Associated Press
3 Comments

Here are the scores. Here are the highlights:

Yankees 11, Twins 3: The Twins took a 3-0 lead, but after that it was all Yankees. Aaron Judge hit his AL-leading 45th home run and crossed the 100 RBI mark. Gary Sanchez went back-to-back with him in the third. Didi Gregorius hit a three-run shot. The Yankees are rolling at just the right time. Or at least that’s what I’m reading everywhere, despite the fact that momentum is a false construct. And despite the fact that, hey, the world is probably going to end on Saturday.

Athletics 3, Tigers 2: Daniel Mengden tossed seven scoreless innings and continued to test my theory that, if they wanted to, sports writers could totally make up names for Oakland A’s players and most of us would nod and say “hmm, OK . . . Mengden.” Marcus Semien homered and drove in three as the A’s swept the Tigers. Who, after a decade or so of being a team full of famous players, is about to enter a period when we could play the same game with their relatively anonymous players as we’ve played with teams like the A’s for so long.

Marlins 9, Mets 2: Giancarlo Stanton hit his 56th homer and drove in three. In keeping with the silly trend of people pretending that passing Roger Maris at 61 would somehow be a significant record as opposed to merely a neat accomplishment, I am going to officially proclaim that Stanton NOW has the home run record. Hey, if subjectivity matters for things like this, so too does my personal subjectivity. The rundown:

  • Ken Griffey Jr. hit 56 twice, but he once used a Bed Bath and Beyond coupon that was expired, sullying it;
  • Luis Gonzalez and A-Rod at 57? They were Freemasons;
  • Four players hit 58 in a season once — Foxx, Greenberg, Howard and McGwire — but that sounds like a law firm, undermining the purity of the accomplishment;
  • Babe Ruth hit 59 and 60, but he purchased alcohol during prohibition, setting a terrible example for lack of temperance;
  • Roger Maris’ 61 was hit in front of a half-empty Yankee Stadium crowd. The Yankees were amazing in 1961 and everyone was talking about him passing Ruth, so something fishy was going on. I’m going to guess radiation contamination on site scared people away and, in turn, powered Maris artificially, like someone in a comic book;
  • That just leaves Sosa, McGwire and Bonds and they murdered all of those people so it’d be wrong to honor them.

Congratulations, Giancarlo Stanton: The Single Season Home Run Champ!

Giants 4, Rockies 0: The Rockies lose their third in a row. Thanks to the Brewers losing too they keep their one-game lead for the second Wild Card, but they really need to cut this out. Brandon Crawford hit a solo homer and Matt Moore and four relievers combined to shut Colorado out.

Red Sox 9, Orioles 0: Chris Sale tossed eight shutout innings and struck out 13. In so doing he became just the second pitcher to strikeout 300-plus batters in a season in the last 15 years, joining Clayton Kershaw. Before that Curt Schilling and Randy Johnson accomplished the feat in 2002 (Johnson also did it in 2001 and 2000 as well). Sale is just the second Red Sox pitcher to do it, following Pedro Martinez, who did it in 1999. Mookie Betts and Deven Marrero went deep for Boston. The Red Sox have clinched a playoff spot.

Phillies 7, Dodgers 5Aaron Altherr hit a tying, two-run homer in the seventh. The Dodgers added a run, so Altherr hit a tiebreaking, two-run single in the eighth. That’s three in a row over the Dodgers for Philly. They go for the sweep this afternoon. The Dodgers have lost four straight and 20 of 25. Their magic number for the NL West remains at two.

Pirates 6, Brewers 4Adam Frazier hit a two-out, two-run, walkoff homer off of Corey Knebel, averting extra innings and giving the game to the Buccos. Knebel’s streak of 21 consecutive save chances converted ended just before that when his own throwing error allowed the Pirates to tie it. We all have a bad day sometimes.

Royals 15, Blue Jays 5: Mike Moustakas broke the single-season home run record for the Royals. But, like I said above, this is all apparently subjective now, so I’m gonna stick with Steve Balboni’s 36 as the true mark, because this:

Salvador Perez and Whit Merrifield also went deep as the Royals victimized Brett Anderson for eight runs on seven hits in an inning and a third and rattled off 18 hits on the night.

Cardinals 9, Reds 2Dexter Fowler homered for the third straight game. Matt Carpenter and Paul DeJong also went deep, Tommy Pham had three hits and two RBI and Yadier Molina added a two-run double. Luke Weaver allowed two runs in five innings to win his seventh straight start, making him the current active leader in consecutive wins.

Rays 8, Cubs 1: The Cubs seven-game winning streak comes to an end thanks to Blake Snell‘s two-hit, seven shutout inning performance. The Cubs now open a four-game series in Milwaukee. They have a three and a half game lead over the Brewers and can either put them away or give us an exciting last week of the season. So, nothing personal Cubs fans, but let’s go Brewers.

Nationals 7, Braves 3: The Braves had a 2-1 lead heading into the eighth and then the Nats went and put up an eight-spot. Three of those runs came on bases loaded walks from Arodys Vizcaino. Maybe Brandon Snitker is a fan of the movie “Tin Cup” or something. I don’t know. I’m just glad I wasn’t feeling well last night and took a NyQuil at 9:30 and missed it.

Astros 4, White Sox 3: That’s six straight wins for Houston. Yuli Gurriel had three hits, including a two-run double, Brad Peacock allowed two runs on only one hit in six innings.

Diamondbacks 13, Padres 7: Hunter Renfroe hit three homers. Wasn’t enough, though, as the Dbacks overcame a 6-2 deficit and scored 11 runs in the final four innings. J.D Martinez, A.J. Pollock, David Peralta and Jake Lamb all went deep for the Snakes.

Indians 6, Angels 5: Four wins in a row for Cleveland who is now 26-1 over their past 27 games. They haven’t lost a road game since August 20. This is just crazy stuff. Francisco Lindor snapped a seventh-inning tie with a two-run homer and  Edwin Encarnacion and Jose Ramirez added RBI singles. The Angels remain one and a half back of the Twins for the second Wild Card.

Rangers 8, Mariners 6Rougned Odor hit a grand slam to cap a seven-run fourth inning and the Rangers held off Seattle. Alex Claudio earned a six-out save. The Puerto Rican native was distracted and worried about his family and homeland in the wake of the destruction wrought by Hurricane Maria. I have no idea how anyone could concentrate under such circumstances, but he did.

Mike Moustakas sets Royals single-season record with 37th home run

Ezra Shaw/Getty Images
1 Comment

Royals third baseman Mike Moustakas belted his 37th home run on Wednesday evening, setting a new club record for homers in a single season. Moustakas had been tied with Steve Balboni, who hit 36 home runs in 1985.

The home run came on a 2-0, 82 MPH slider from Blue Jays reliever Carlos Ramirez, boosting the Royals’ lead to 13-0 in the top of the sixth inning.

Moustakas, 29, entered the night batting .271/.313/.523 with 82 RBI and 71 runs scored in 560 plate appearances.