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


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.

Maybe Alcides Escobar shouldn’t bat leadoff

Alcides Escobar

Alcides Escobar finished with a .292 OBP this year. He came in at .246 in 117 at-bats in August and .257 in 109 at-bats between September and October, so he wasn’t exactly flying high entering the postseason. Still, that didn’t stop Ned Yost from putting him into the leadoff spot for Thursday’s Game 1 against the Astros.

Yost finally did reconsider hitting Escobar first in September. It took Alex Gordon‘s return to health, plus the previous addition of Ben Zobrist to the lineup, in order to make that happen. However, it didn’t stick. Escobar hit ninth in each of his starts from Sept. 7-26, batting .236 with a .276 OBP during that span. With five games left to go, he was suddenly returned to the leadoff spot. The Royals went on to win all five games. Yost saw it as a sign, even though Escobar went 5-for-22 with no walks in those games.

Escobar went 0-for-4 in Thursday’s loss to the Astros. He did not swing at the first pitch of the game, which probably explains the defeat.

It’s been difficult to argue with Yost since last year’s World Series run and this year’s incredible run out of the game. The blind spot with Escobar, though, gets rather infuriating. One can defend hitting him leadoff against the Astros’ lefties. His career OBP against southpaws is .319 (.316 this year). Against righties, he’s the most obvious No. 9 hitter alive, with a career .258/.290/.342 line (.252/.284/.314 this year). He’s not a pace-setter. He’s not a spark plug. He’s a liability.

Astros top Royals in Game 1 of ALDS

Houston Astros' Jose Altuve, left, celebrates with teammate Luis Valbuena after scoring a run during the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Orlin Wagner)

After shutting out the Yankees in the AL Wild Card game on Tuesday, the Astros beat the Royals 5-2 in Game 1 of the ALDS on Thursday at Kauffman Stadium. Road teams are now 4-0 to begin the 2015 postseason.

The Astros grabbed an early 3-0 lead against Yordano Ventura through two innings. Chris Young took over for the Royals after a 47-minute rain delay and was very effective for the most part, allowing just a solo homer to George Springer over four innings while striking out seven batters. Colby Rasmus, who homered in the Wild Card game, took Ryan Madson deep in the eighth inning to give the Astros’ bullpen some extra breathing room.

Collin McHugh stayed in after the rain delay and ended up tossing six innings while allowing just four hits and one walk. Kendrys Morales did all the damage against him with a pair of solo homers. He’s the first Royals player to hit two home runs in a postseason game since George Brett in the 1985 ALCS.

The Royals’ offense showed some signs of life in the bottom of the eighth inning with back-to-back two-out hits against Will Harris, but Oliver Perez got Eric Hosmer to foul out to end the threat. Luke Gregerson tossed a scoreless ninth inning to finish off the victory.

Consistent with their identity during the regular season, the Astros won despite striking out 14 times. The same goes for the Royals, as they struck out just four times. Despite putting the ball into play more often, the Kansas City lineup wasn’t able to muster anything aside from the home runs by Morales.

Game 2 of the ALDS will begin Friday at 3:45 p.m. ET. Scott Kazmir will pitch for the Astros and Johnny Cueto will get the ball for the Royals.

George Springer homers to extend Astros’ lead over Royals

Houston Astros' George Springer (4) celebrates with teammates after scoring a run in the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
Leave a comment

After Kendrys Morales brought the Royals within one run in the bottom of the fourth inning with his second solo home run of the game, George Springer took Chris Young deep in the top of the fifth to extend the Astros’ lead to 4-2 in Game 1 of the ALDS.

According to Statcast, the ball traveled an estimated 422 feet and left Springer’s bat at 109 mph. Royals fans are happy it was just a solo home run. It could have been worse, as Jose Altuve singled to lead off the fifth inning before being thrown out trying to steal second base during Springer’s at-bat.

The Royals will try to answer as we move to the bottom of the fifth inning at Kauffman Stadium.