MLB Commissioner Bud Selig speaks during a news conference in New York

It’s hard to see today’s ruling as a victory for San Jose

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I’ve taken a few minutes to gather some thoughts on today’s decision in the San Jose-MLB antitrust lawsuit. I have still not read the decision, but it does appear that the status being currently reported is accurate: (1) the argument by San Jose to have Major League Baseball’s antitrust exemption struck down, thereby paving the way for the A’s to move to San Jose over the Giants’ objection has been dismissed; and (2) San Jose continues to have a viable claim against MLB for tortious interference with the city’s contract(s) with the Athletics, which will be pursued under state law.

Let’s take those one-by-one:

San Jose’s Antitrust claim

This was obviously the big target here. And a nice fat one if San Jose could’ve convinced the judge that baseball’s antitrust exemption — which prevents a team from moving into another’s territory — is stupid and wrong.  And the judge did, apparently, say that the exemption is stupid and wrong. Unfortunately he also said that he felt bound by Supreme Court precedent to uphold it, so that matter will now likely be the subject of an appeal. Major League Baseball still has risk of losing their exemption on appeal, but they just bought a year at least before an appeals court rules on it and longer than that before the matter might get to the Supreme Court, which would ultimately have to weigh in to overturn the original case which granted the exemption.

With the claims to overturn the exemption gone, at least for now, the A’s will be unable to move to San Jose. The league rule establishing San Jose as the San Francisco Giants’ territory holds, thus preventing the A’s from going to San Jose.

The state tort law claims

This is the claim alleging that MLB tortiously interfered with San Jose’s contract with the A’s. If you recall: the contract is an option agreement entered into in 2011 between the A’s owners and San Jose for the purchase of some land on which a ballpark would be built. The A’s paid San Jose $50,000 for the option. It expires soon. If they want to keep the option open for another year it’s another $25,000. If the A’s owners were to buy the land, they can do it for between $6 million and $7 million. Nothing in the option agreement, however, promises that the A’s will actually move. It doesn’t even promise that they’ll buy the land. Just that they have the option to do so.

Of course, since the antitrust exemption is in place, the A’s can’t just decide to move to San Jose. Therefore, unless they are the biggest idiots on the planet, they will not agree to commit to the $7 million land deal. Put differently, no A’s witness will get on a stand and say “yes, we totally want to give San Jose $7 million right now but MLB won’t let us!”  As such, the value of the contract that San Jose now has to prove MLB interfered with is $75,000. That’s it.

Where that leaves us

Much of the reaction in the past few hours — including opinion from legal minds I respect, such as FanGraphs’ Wendy Thurm — has it that this outcome gives San Jose leverage to force a deal with MLB to get the A’s to San Jose.  I’ll grant that they’re better off now than they would be if the whole suit had been tossed — and I do want to read their thoughts on it and may change my mind on the matter if they point out something I’m totally missing here — but I can’t see how San Jose suddenly has much more leverage than it had before.

One idea is that Major League Baseball might fear discovery and depositions that could take place.  I’ll grant that no one wants to have their deposition taken, how threatening is this really? The current claim is limited in scope: $75K on a land option. How much email traffic do you think MLB officials have had on that? And how much of it is damning? Sure, maybe there’s all kinds of stuff about how MLB is “conspiring” to keep the A’s out of San Jose, but so what? The court just ruled that, under the antitrust exemption, such behavior is totally legal!

More broadly: how dumb is Major League Baseball? Not too dumb, usually. The entire purpose of Bud’s famous committee on San Jose was to do … nothing. There are likely reports about city and stadium viability and all of that, but the reason you set up that committee is to funnel everything to it and make it disappear for half a decade. Or at least to have it sit there innocuously. It’s staffed, by the way, in part by lawyers who have worked for MLB before. You think they’re sitting on smoking guns? Hardly.

Any effort by San Jose to dig deeper than the matters specific to the A’s and their option contract is irrelevant and discovery about that stuff will be resisted. Maybe they get some things, maybe they don’t. But they don’t get the keys to all of MLB’s finances and Bud Selig’s health records and the famous list of positive PED players and Larry Baer’s grandmother’s apple fritter recipe. With limits on discovery there are limits on leverage. And with an existing claim this small, the discovery will be limited.

OK, long enough, Craig, sum it up

Having a claim hanging out there is not good for MLB. But having a trial court decision that the antitrust exemption is still the law outweighs it for now. There was pressure on MLB to avoid a bad decision on that in the trial court and that didn’t get them to the settlement table. There is now pressure, to a degree, to resolve this before an appeals court decides differently. But that’s down the road a bit, and if anything the league has more breathing room on that today than it did yesterday.

It’s a partial win for San Jose, sure. But they lost the big claim and have gained nothing in the short term. More importantly, this does nothing to get the A’s any close to San Jose.

Royals pay tribute to late Yordano Ventura during spring training opener

MINNEAPOLIS, MN - AUGUST 12: Yordano Ventura #30 of the Kansas City Royals delivers a pitch against the Minnesota Twins during the first inning of the game on August 12, 2016 at Target Field in Minneapolis, Minnesota. (Photo by Hannah Foslien/Getty Images)
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The Royals honored former pitcher Yordano Ventura prior to their first Cactus League game against the Rangers on Saturday. Ventura was killed in a car accident in his native Dominican Republic in late January.

Rangers’ third baseman Adrian Beltre and center fielder Carlos Gomez paid their respects to the pitcher with a floral arrangement that was laid on the mound. Both teams stood along the foul lines during a pregame video tribute that highlighted Ventura’s tenure with Kansas City. Following the game, Gomez spoke to the media about his relationship with Ventura, describing their frequent conversations during the season and commending the pitcher for having “the same passion that I had early in my career” (via WFAA.com’s Levi Weaver).

A plaque dedicated to the 25-year-old was also presented to club manager Ned Yost as a more permanent commemoration of Ventura’s contributions to the sport. Blair Kerkhoff of the Kansas City Star reports that the plaque will be mounted in the club’s spring training facilities alongside tributes to members of the Royals’ 2014 and 2015 playoff teams.

The full text of the plaque is below, via MLB.com’s Jeffrey Flanagan:

A brother and a teammate, Yordano Ventura, passed away on the morning of January 22 in his native Dominican Republic, at the age of 25. He signed with the Royals as a 17-year-old, eventually making the big league team in 2013 as a 22-year-old. On most days, he could be found laughing and joking with his baseball family in the clubhouse. However, on days when he pitched, that smile was replaced by a quiet confidence and an intense fire, which he brought to the mound for every start. He had many highlights in his abbreviated career, not the least of which was throwing eight shutout innings in Game #6 of the 2014 World Series to force a Game #7 vs. San Francisco.

Gerrit Cole named Pirates’ Opening Day starter

BRADENTON, FL - FEBRUARY 19: Gerrit Cole #45 of the Pittsburgh Pirates poses for a photograph during MLB spring training photo day on February 19, 2017 at Pirate City in Bradenton, Florida. (Photo by Brian Blanco/Getty Images)
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Right-hander Gerrit Cole is set to take the mound for the Pirates on Opening Day, according to a team announcement on Saturday. It’s a spot that was most recently occupied by former Pirate Francisco Liriano, who made three consecutive Opening Day starts for the club before getting dealt to the Blue Jays last August.

The 26-year-old produced career-worst numbers during his fourth run with the Pirates in 2016, due in large part to bouts of inflammation in his right elbow. He finished the year with a 3.88 ERA, 2.8 BB/9 and 7.6 SO/9 over 116 innings before getting shut down in September to avoid further injury to his elbow. When healthy, however, Cole has been lights-out for the Pirates. Prior to his injury-laden campaign last year, he touted a career 3.07 ERA, 2.2 BB/9, 8.5 SO/9 and cumulative 10.2 fWAR from 2013 through 2015.

Cole will go toe-to-toe with the Red Sox during Boston’s home opener on Monday, April 3. Right-hander Jameson Taillon is scheduled to make the second start of the year, while fellow righty Ivan Nova will cover the Pirates’ home opener against the Braves on April 7. The Pirates’ third and fifth starters have yet to be announced.