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.

Jackie Bradley, Jr.’s hitting streak ends at 29 games

BOSTON, MA - MAY 25:  Blake Swihart #23 of the Boston Red Sox congratulates Jackie Bradley Jr. #25 after he scored a run against the Colorado Rockies  during the fifth inning at Fenway Park on May 25, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. was unable to continue his hitting streak on Thursday night, going 0-for-4 out of the leadoff spot against the Rockies in an 8-2 loss. He hit a deep fly ball to right field in the first inning, missing a home run by a few feet. He hit another deep drive in the fifth, but it was caught in front of the wall in center field at Fenway Park by Charlie Blackmon. In his final at-bat, Bradley weakly grounded out on the first pitch from Jon Gray to lead off the eighth inning.

Bradley’s 29-game streak tied Johnny Damon for the fourth-longest streak in Red Sox history. Dom DiMaggio still has the longest in club history at 34 games.

Shortstop Xander Bogaerts was able to extend his hitting streak streak to 19 games. He went 1-for-3, hitting a line drive single in the first.

Softball legend Jennie Finch to manage a professional men’s baseball team

NEW YORK, NY - NOVEMBER 03:  Jennie Finch attends a press conference at Marathon Pavilion in Central Park on November 3, 2011 in New York City.  (Photo by Andy Kropa/Getty Images)
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Softball legend Jennie Finch will make history on Sunday when she will serve as a guest manager for the Bridgeport Bluefish of the independent Atlantic League. She will become the first woman to manage a men’s professional baseball team.

In the club’s announcement, GM Jamie Toole said, “We are really excited to have Jennie come out and manage the team. She is an incredible athlete and a wonderful person, and we hope our fans will enjoy seeing her in a Bluefish uniform for the day.”

Finch won the 2001 Women’s College World Series with the University of Arizona. She won the gold medal with Team USA in the 2004 Summer Olympics and silver in the 2008 Summer Olympics.

Finch is only managing one game, but it’s still a positive step for inclusiveness in professional sports. Hopefully, in the future, we see more women in sportswriting, broadcasting, coaching, and front office positions.

Mike Moustakas out for the rest of the 2016 season with a torn ACL

KANSAS CITY, MO - APRIL 21:  Mike Moustakas #8 of the Kansas City Royals hits a single in the first inning against the Detroit Tigers at Kauffman Stadium on April 21, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
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Royals third baseman Mike Moustakas has been placed on disabled list with a torn right ACL, the club announced on Thursday. He is expected to miss the rest of the season, per MLB.com’s Jeffrey Flanagan. Outfielder Brett Eibner has been recalled from Triple-A Omaha.

Moustakas suffered the injury colliding with teammate Alex Gordon attempting to catch a foul ball. Gordon suffered a fractured scaphoid bone, which will keep him out of action for three to four weeks.

It’s a tough break for Moustakas as he missed time earlier this month with a fractured thumb. He lands back on the DL hitting .240/.301/.500 with seven home runs and 13 RBI in 113 plate appearances.

Twins suspend pitching coach Neil Allen for DWI arrest

CLEVELAND, OH -  MAY 10: Pitching coach Neil Allen #41 talks with starting pitcher Trevor May #65 of the Minnesota Twins during the fourth inning against the Cleveland Indians at Progressive Field on May 10, 2015 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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Per Mike Berardino of the St. Paul Pioneer Press, the Twins have suspended pitching coach Neil Allen without pay after he was arrested for driving while intoxicated (DWI). Eric Rasmussen will serve as the pitching coach in the interim.

Allen has served as the Twins’ pitching coach since 2014. He pitched in the majors over parts of 11 seasons from 1979-89.

The Twins are 12-34, a half-game worse than the Braves for the worst record in baseball. The pitching staff gives up 5.39 runs per game on average, the worst mark in the American League.