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.

Brad Ausmus is not a fan of the Tigers’ schedule

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Everyone in baseball has a tough schedule. The season is a grind. Some teams, however, due to weather and happenstance, have stretches which are a tougher grind than others. The Tigers are in one of those right now.

Detroit played the Astros on Thursday night, and lost in a three-hour and thirty minute contest. It was a getaway day, er, night, and they didn’t get to Chicago to face the White Sox until the wee wee hours of the morning on Friday. Waiting for them: a double header which was to start at 4pm. The first game of it was rained out, though, so they woke up after a short “night’s sleep for nothing. Then the nightcap was delayed over an hour, giving them another late bedtime. On Saturday it was another double header, so it was another early wakeup and another long day at the park. And, of course, another day game on Sunday, before a flight to Kansas City.

This stretch has made Brad Ausmus grumpy. Here he was after Friday night’s late finish:

“Give some credit to the White Sox pitchers, give some credit to the schedule we have. We’ll try to get about 5 hours of sleep and come back tomorrow and play two more.”

He was particularly miffed at the scheduling of two doubleheaders in a row:

“You can’t control the weather but I think it would have been prudent to play the second game tomorrow in August,” he said. “That would have made a lot more sense to me.”

Ausmus did note, however, that it’s not the White Sox’ job to make a schedule that is convenient for their division rivals.

You can look at this in a few different ways. One one level, Ausmus is understandably upset about a particularly arduous stretch of games. On another level he’s probably trying to protect his players, who have looked flat, by changing the subject from their play to the schedule. On a different level, you could say that he’s making excuses for a team that is underachieving. And, of course, those three things are not mutually exclusive.

The thing is, though, that the Tigers have lost seven of ten, are five out of first place, four games under .500 and could conceivably leave their series with the Royals this week in dead last in the Central. Ultimately, extenuating circumstances like the weather and an unfortunate schedule don’t save a manager whose talented and highly-paid team struggles like the Tigers have. If they don’t turn it around soon, Ausmus could be hitting the bricks and the Tigers could be fixing to sell off and rebuild.

And That Happened: Sunday’s Scores and Highlights

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Good morning. I hope your Memorial Day is safe and meaningful. Here are what sound like some good thoughts about all of that. In the meantime, here are the scores. Here are the highlights:

White Sox 7, Tigers 3: Miguel Gonzalez took a perfect game into the seventh inning as the Chisox take three of four from the Tigers. Many baseball experts think that Memorial Day is the point of the baseball season when the early season mirages begin to dissipate and the shape of the season truly begins to take form. I think the wild card and overall parity has altered that some, pushing the date of baseball reality well into the summer, but it’s worth noting that the White Sox are only two games worse than the Cubs right now and have a better pythagorean record.

Dodgers, 9, Cubs 4: Cody Bellinger and Kiké Hernandez each hit three-run homers as the Dodgers offense compensates for a rare bad Clayton Kershaw start (4.1 IP, 4 R, 11 H, 3 HR). He’s allowed to have a bad day, though, I suppose. Jon Lester‘s was worse (3.1 IP, 7 H, 6 R, 2 HR).

Brewers 9, Diamondbacks 5: That Chicago thing is weird, but how many of you had the Milwaukee Brewers in first place come Memorial Day? They are — 1.5 games up on both the Cards and Cubs. Here Domingo Santana hit his first career grand slam and Jimmy Nelson struck out ten over seven innings.

Yankees 9, Athletics 5: Aaron Judge hit a grand slam and now sits at .321/.422/.679 and is on pace for 55 homers. His minor league track record suggested he’d be good, but I don’t think many folks expected him to be this good this fast. Meanwhile, Michael Pineda picked up his sixth win. He had six wins in all of 2016.

Rangers 3, Blue Jays 1: The Rangers snap a five-game losing streak as Joey Gallo‘s 15th homer broke a 1-1 tie in the fourth. He’s on pace for 48 homers and is hitting .198. That’s not ideal, but I hope he keeps that pace up exactly, mostly because it’ll make people’s heads explode. And by “people,” I mean those color commentators of a certain age who retreat to their fainting couches when players don’t hit the ball the other way, make contact for contact’s sake and think homers kill rallies.

Indians 10, Royals 1: Josh Tomlin tossed a complete game, allowing only one run on six hits. He only struck out three batters too, which goes against everything baseball in the teens is supposed to be about. It was probably a lot of fun to watch. Jason Kipnis went 4-for-4 with a home run and two RBI. He walked too, reaching base in all five plate appearances

Marlins 9, Angels 2: Marlins starter Jose Urena walked six guys in five innings. Struck out seven and got the win too. “That’s more like it,” says teens baseball. Giancarlo Stanton had three hits and a homer and J.T. Riddle homered and drove in three. Meanwhile, Mike Trout sprained his left thumb while stealing second base. X-rays revealed no fracture, but he is set to have an MRI today. If he’s out for a significant amount of time Angels fans can turn their attention to other things for the rest of the summer.

Mariners 5, Red Sox 0: Christian Bergman tossed seven shutout innings, allowing only four hits, to help halt the Red Sox’ six-game winning streak. Not bad considering the the last time he pitched he gave up ten runs on 14 hits. The M’s turned four double plays behind him in the first four innings. Robinson Cano and Guillermo Heredia hit homers.

Padres 5, Nationals 3: On Friday and Saturday the Padres scored only one run and had only six hits while striking out 31 times in losses to Max Scherzer and Steven Strasburg. Here they had five runs on fourteen hits. The lesson: it’s better to face Joe Ross than Max Scherzer and Steven Strasburg. Probably worth noting that Bryce Harper, Jayson Werth, Daniel Murphy and Matt Wieters were all out of the lineup for Washington.

Reds 8, Phillies 4Patrick Kivlehan hit two solo shots and Adam Duvall hit two two-run dongs. Scott Schebler hit only one homer. Slacker.

Rays 8, Twins 6: Fifteen innings of baseball lasting six hours and twenty-six minutes. Even Longoria and Logan Morrison ended the nonsense in the 15th with a pair of solo homers. Meanwhile, Joe Mauer did something special.

Astros 8, Orioles 4: Baltimore had a 3-0 lead at the end of an inning and a half, but it was all Houston after that. George Springer homered and Marwin Gonzalez and Yuli Gurriel each hit RBI doubles during the Astros’ six-run second inning. The O’s have lost seven straight.

Rockies 8, Cardinals 4Gerardo Parra had three hits, including a three-run homer as the Rockies win their fourth straight and their sixth in eight games. German Marquez got the win. The rookies went 4-1 in May. Overall, Rockies’ rookie starters finish 12-3 in May.

Giants 7, Braves 1: Johnny Cueto‘s blisters didn’t seen to be bothering him yesterday as he allowed one run on six hits and struck out eight over six innings. Brandon Crawford drove in three via a fielder’s choice and a two-run single.

Mets 7, Pirates 2: Matt Harvey allowed one run over six to win his second straight start. Jay Bruce and Curtis Granderson each had three hits as the Mets rattled off 14 in all.