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.

Report: Dexter Fowler will take a physical in St. Louis on Friday

CLEVELAND, OH - NOVEMBER 02:  Dexter Fowler #24 of the Chicago Cubs reacts after lining out during the third inning against the Cleveland Indians in Game Seven of the 2016 World Series at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Ezra Shaw/Getty Images)
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Update (8:51 PM EST): The deal is in place, according to Heyman.

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Update (8:27 PM EST): Derrick Goold of the St. Louis Post-Dispatch reports that the Cardinals made an “over-the-top offer” to Fowler to ensure he’d sign.

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Frank Cusumano of KSDK Sports reports that free agent outfielder will take a physical in St. Louis on Friday. Presumably, that means that Fowler and the Cardinals have gotten pretty far along in negotiations.

Jon Heyman of FanRag Sports recently reported that Fowler was looking for $18 million per year. The Blue Jays reportedly made an offer to Fowler in the four-year, $16 million range several days ago. The Cardinals’ offer to Fowler, if there is indeed one, is likely somewhere between the two figures.

Fowler, 30, is coming off of a fantastic year in which he helped the Cubs win their first World Series since 1908. During the regular season, he hit .276/.393/.447 with 13 home runs, 48 RBI, 84 runs scored, and 13 stolen bases in 551 plate appearances.

Fowler rejected the Cubs’ $17.2 million qualifying offer last month. While the QO compensation negatively affected Fowler’s experience in free agency last offseason — he didn’t sign until late February with the Cubs — his strong season is expected to make QO compensation much less of an issue.

Braves acquire Luke Jackson from the Rangers

ARLINGTON, TX - SEPTEMBER 16:  Relief pitcher Luke Jackson #53 of the Texas Rangers  throws during the ninth inning of a baseball game against the Houston Astros at Globe Life Park on September 16, 2015 in Arlington, Texas. Texas won 14-3. (Photo by Brandon Wade/Getty Images)
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Tommy Stokke of RanRag Sports reports that the Braves and Rangers agreed to a trade. According to ESPN’s Keith Law, the Braves will receive pitcher Luke Jackson from the Rangers in exchange for pitchers Tyrell Jenkins and Brady Feigl.

Jackson, 25, is under team control through 2022. He has logged only 18 innings in the majors, yielding 14 runs on 22 hits and eight walks with three strikeouts. While Jackson has struggled with control, the Braves likely see upside because his fastball sits in the mid- to high-90’s.

Jenkins, 24, is also under team control through 2022. The right-hander made eight starts and six relief appearances in his first major league season in 2016, putting up a 5.88 ERA with a 26/33 K/BB ratio over 52 innings.

Feigl, 25, was an undrafted free agent and was signed by the Braves in 2013. The lefty underwent Tommy John surgery in 2015 and briefly rehabbed in rookie ball this past season.