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.

And That Happened: Tuesday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Cubs 7, White Sox 2: Chicago wins! Willson Contreras hit a three-run homer and drove in four in all. The talk of the game, though, was John Lackey who plunked four White Sox batters. Three of them in the fifth inning. It put me in mind of Dock Ellis’ famous “do-the-do” game, except Lackey is about as far from Dock Ellis-level cool as one can possibly get. Sox pitcher Carlos Rodon struck out 11 batters but lasted only four innings. Should’ve given up some more ground balls. It’s more democratic. The Cubs have won nine of 11.

Yankees 4, Reds 2: Todd Frazier hit into a triple play in his first at bat as a Yankee in Yankee Stadium. A run scored on the play — out number three came on a time-buying rundown — and the Yankees still won, so I suppose he doesn’t mind much. Jordan Montgomery allowed one run while pitching into the seventh. Didi Gregorius hit a sac fly and homered. Here’s the triple play:

Brewers 8, Nationals 0: Zach Davies pitched shutout ball into the eighth and Oliver Drake took it the rest of the way. Travis Shaw, Eric Thames and Manny Pina all homered. Shaw’s was a three-run blast. “Oliver Drake” sounds like a fake name a guy gives to the police after the party gets raided. He’s a little drunk and has to think fast, scans the room, sees his DC comic book collection and just blurts it out.

Astros 5, Phillies 0: Houston can bash your brains in or they can shut you out. Well, they can shut Philly out at least. Old friend Charlie Morton did the honors here with seven shutout frames. Speaking of Morton and the Phillies, remember when he was supposed to have turned into a Roy Halladay clone? For that matter, remember Roy Halladay? That was some Ric Flair-Buddy Landel falloff there, brother. In other news, Jose Altuve only went 1-for-4, so I assume he had a compound fracture or something.

Blue Jays 4, Athletics 1: Fun with earned runs. A’s starter Sonny Gray gave up four runs in the second — all the runs the Jays would score in the game — but they were all unearned. Tough luck? Well, they were unearned because Gray himself made the throwing error that caused them to be unearned. Oh, and he also uncorked a wild pitch that put a runner in scoring position. He gave up four hits in the inning — two doubles — but all the runs were “unearned.” Stats are dumb.

Indians 11, Angels 7: You don’t see many walkoff grand slams, but Edwin Encarnacion hit one here in the bottom of the 11th. All three of the baserunners reached via a Bud Norris-issued walk, one intentional, two accidental. That was the second grand slam allowed by Angels pitchers in the game, by the way, as Bradley Zimmer hit one in the second. The Indians had a 7-0 lead after two and blew it before Encarnacion’s heroics. In other news, the AP gamer reads like Coppola’s discarded first draft of “Apocalypse Now”:

CLEVELAND — Bradley Zimmer didn’t care one bit that his mouth was filled with talcum powder.

To the rookie, it tasted like victory.

Royals 3, Tigers 1Whit Merrifield homered on the game’s first pitch and Danny Duffy was solid into the seventh. That’s seven straight for Kansas City. Meanwhile, Ned Yost just rendered every studio analyst and color commentator’s job obsolete with what is, really, the only commentary you need:

The Kansas City Royals are keeping the pressure on in the AL Central, and manager Ned Yost has no big secrets to offer about their impressive winning streak. “There’s no key to staying in it. You just keep playing good,” Yost said. “If there was a key to staying in it, then we would stay in it forever. You just play good. That’s all you do.”

Rays 5, Orioles 4: Baltimore closed the gap late and threatened in the ninth but the Rays held on to break their five-game losing streak. Tim Beckham hit a three-run homer. Rookie starter Jake Faria pitched into the eighth inning and pitched well before running out of gas and stalling out.

Rangers 10, Marlins 4Joey Gallo hit two homers and Mike Napoli and Rougned Odor each had one as well. Christian Yelich had a three-run homer and drove in all four of Miami’s runs in a losing cause. Adrian Beltre went 0-for-3 and the Rangers have a day off on Thursday, so, barring a 16-inning game in which Beltre goes 7-for-7 today, the march to 3,000 will go at least into this weekend. That’s unreasonable, of course. The Rangers could never play a 16-inning game with their bullpen. If they did. Beltre’s 7-for-7 and 3,000th hit would be the sidebar story.

Cardinals 3, Rockies 2: The Cardinals called up top prospect Harrison Bader yesterday. He made a good first impression, doubling to lead off the ninth inning and then scoring the walkoff run on Jedd Gyorko‘s sacrifice fly. He had to slide and everything:

Braves 8, Diamondbacks 3: Kurt Suzuki homered twice and Matt Kemp homered and tripled. Braves starter Mike Foltynewicz allowed two runs over six, striking out nine. He hasn’t lost any of his last nine starts, going 6-0 in that time.

Mariners 6, Red Sox 5: The Red Sox took a one-run lead in the 13th inning with a Sandy Leon RBI single, but Seattle came back in the bottom half via a walk-fielder’s choice-single-wild pitch-walk-infield single combination, proving that you don’t have to bash anyone’s brains in to win this crazy game. Jean Segura hit the walkoff single. Doug Fister was the Sox pitcher responsible for those thousand cuts.

Dodgers 6, Twins 2: Chris Taylor hit two run-scoring doubles and continued his torrid post-All-Star Game hitting. Dude’s 23-for44 in those 11 games and is at .321/.388/.545 on the year. Dude can play five or six positions too. The Dodgers win their 70th game.

Mets 6, Padres 5: Yoenis Cespedes homered, doubled and tripled, driving in three. He scored on that triple too, thanks to a Wil Myers throwing error. Cespedes even threw a bullpen session before the game, so even if the Mets can’t contend in the last two months of the season, maybe they can be fun and let Yo pitch:

Giants 11, Pirates 3: Madison Bumgarner finally earned his first win of the year, allowing one run over five innings. The San Francisco bats were winners too, as Bumgarner singled and scored, Buster Posey had three hits and an RBI, Joe Panik added a bases-loaded triple and the now-departed Eduardo Nunez drove in two before he started hugging his mates.

Red Sox acquire Eduardo Nunez from the Giants

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A trade went down in the wee-wee hours: the Boston Red Sox acquired third baseman Eduardo Nunez from the San Francisco Giants. The Giants will receive minor league pitchers Shaun Anderson and Gregory Santos in return.

Third baseman for the Boston Red Sox have, obviously, been terrible this year, with Pablo Sandoval being released and Brock Holt being injured for most of the season. top prospect Rafael Devers was just called up and got his first start for Boston last night, but it may be a lot to ask of a 20-year-old to carry third base every day for a contender.

Nunez can play other infield positions, but it’s not like second base and short are problem areas for Boston. Better too have too many options than not enough, I suppose. And of course, Devers has options in another sense of the term, so I’d expect him to spend a bit of time with the Sox but to soon be sent back down.

The news of the trade broke in what has become classic trade deadline style: via cameras catching the player who was traded gathering his equipment and hugging his teammates during the broadcast:

Nunez is hitting .308/.334/.417 with four homers 31 RBI and 18 stolen bases on the year. This is the second year he’s been moved at the deadline, getting sent to San Francisco from Minnesota in 2016. He’s making only $4.2 million this year and can be a free agent after the season.

The Giants get Shaun Anderson, a third round selection in the 2016 draft out of the University of Florida. He’s still in A-ball, pitching alright but obviously not close to the bigs yet. Gregory Santos is only 17 and is currently playing in the Dominican Summer League. All in all a pretty low price, but better than the nothing the Giants would’ve gotten for Nunez if they kept him for the final two months of the season.

And hey: now there’s room for Pablo Sandoval in the Giants big league lineup!