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.

Jason Kipnis could join Team Israel for 2017 World Baseball Classic

CLEVELAND, OH - NOVEMBER 02:  Jason Kipnis #22 of the Cleveland Indians throws during batting practice prior to Game Seven of the 2016 World Series against the Chicago Cubs at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
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With the 2017 World Baseball Classic around the corner, Team Israel has reportedly reached out to Indians second baseman Jason Kipnis, per MLB Network’s Jon Morosi. Tournament rules stipulate that a player’s roster eligibility can be achieved in one of several ways: they were born in the country in question or hold citizenship/permanent legal residence there (or are simply capable of qualifying for citizenship), or one of their parents was born in the country or holds citizenship/permanent legal residence there.

For Kipnis, it’s the latter. Kipnis’ father, Mark Kipnis, is Jewish. That gives Kipnis the status he needs to suit up for Team Israel, despite the fact that he is a practicing Roman Catholic. He has yet to confirm or deny his participation in the competition.

Fifteen players have confirmed for Team Israel so far, including Mets’ infielder/outfielder Ty Kelly and free agents Sam Fuld, Nate Freiman, Jason Marquis and Jeremy Bleich. Per MLB.com’s Chad Thornburg, eight minor leaguers will also appear for the team. Like Kipnis, at least three other major leaguers are eligible for Team Israel’s roster but have yet to accept or decline involvement in the WBC: Dodgers center fielder Joc Pederson, Mariners infielder/outfielder Danny Valencia and free agent left-hander Craig Breslow.

Rangers to sign James Loney to minor league deal

SAN FRANCISCO, CA - AUGUST 21: James Loney #28 of the New York Mets tosses to first base against the San Francisco Giants during the second inning at AT&T Park on August 21, 2016 in San Francisco, California.  The New York Mets defeated the San Francisco Giants 2-0. (Photo by Jason O. Watson/Getty Images)
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Free agent first baseman James Loney has reportedly signed a minor league deal with the Rangers, per FanRag Sports’ Jon Heyman. The deal includes an invite to spring training and a $1 million salary if he makes the major league roster in 2017.

Loney picked up a one-year stint and starting role with the Mets in 2016, slashing .265/.307/.397 with nine home runs in 336 PA. While his numbers were down a hair from the .280/.322/.357 batting line he produced with the Rays in 2015, he provided the Mets with a necessary, if underwhelming upgrade over an injured Lucas Duda through most of the season.

The 32-year-old infielder is expected to have some competition at first base, with at least five other candidates in the mix: Jurickson Profar, Ronald Guzman, Ryan Rua, Joey Gallo and Josh Hamilton. Rumor has it that the team is planning on platooning Rua and Profar in 2017, barring any impressive breakouts or injuries during spring training, though Loney could still provide the club with some veteran depth and a decent left-handed bat off the bench.