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.

Miami Police Department considers Yasiel Puig case closed

Los Angeles Dodgers' Yasiel Puig waits to bat during batting practice prior to a baseball game against the Oakland Athletics, Wednesday, July 29, 2015, in Los Angeles. (AP Photo/Mark J. Terrill)
AP Photo/Mark J. Terrill

We have more details about Yasiel Puig‘s reported “brawl” at a bar in Miami. And while it’s a regrettable situation, it appears to be less serious than previously believed.

According to Dylan Hernandez of the Los Angeles Times, Major Delrish Moss of the Miami Police Department confirmed that Puig was involved in a fight with a bouncer. However, Moss described it more as a “scuffle” than a “brawl.” The Dodgers outfielder suffered injuries to his face, including a swollen left eye, while the bouncer was left with a “busted lip” among other minor facial injuries.

While the bouncer alleged that he was sucker-punched by Puig, Moss said that neither were interested in pressing charges. As a result, the Miami Police Department considers the case closed.

TMZ reported that the fight with the bouncer took place after Puig got into a physical altercation with his sister. However, Moss said that “no shoving was alleged” and that “to the best of our knowledge, the only physical altercation was between the bouncer and Puig.”

Major League Baseball is still expected to investigate the incident under their new domestic violence policy.

Erik Johnson likely to open 2016 in the White Sox rotation

DENVER, CO - APRIL 09:  Starting pitcher Erik Johnson #45 of the Chicago White Sox delivers against the Colorado Rockies during Interleague play at Coors Field on April 9, 2014 in Denver, Colorado. The Rockies defeated the White Sox 10-4.  (Photo by Doug Pensinger/Getty Images)
Doug Pensinger/Getty Images
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With the White Sox losing Jeff Samardzija to free agency, Erik Johnson will likely get a shot to contribute out of the rotation to open up the 2016 season, GM Rick Hahn said in a conference call on Wednesday, per a report from’s Scott Merkin.

“As we sit here today, I think it will be an opportunity for Erik Johnson to convert on sort of the return to form he showed back in 2015 when he was International League pitcher of the year for [Triple-A] Charlotte,” Hahn said. “Obviously, he got some starts in September and continued to show the progress in Chicago he had shown in the Minor Leagues over the course of the last season.

“So if Opening Day were today, then I think Johnson is penciled in to that spot in the rotation right now. In all probability, once we get closer to spring, there will be some competition for him to earn that spot. But if we were strictly looking at today, then I would think Johnson has the inside track on filling Samardzija’s innings.”

Johnson was called up from Triple-A Charlotte in September and made six starts, allowing 14 runs (13 earned) on 32 hits and 17 walks with 30 strikeouts in 35 innings. That followed up an impressive five months in the minors where he compiled a 2.37 ERA and a 136/41 K/BB ratio across 132 2/3 innings.

Baseball America, Baseball Prospectus, and each included Johnson on their top-100 prospect lists, ranking him 63rd, 67th, and 70th, respectively. The right-hander was selected by the White Sox in the second round of the 2011 draft.

Major League Baseball will investigate Yasiel Puig for his role in Miami nightclub brawl

Yasiel Puig
AP Photo/Lenny Ignelzi

It was reported on Friday afternoon that Dodgers outfielder Yasiel Puig was involved in a brawl at a Miami nightclub. Details were scant at the time, but he reportedly left with a bruise on his face.

Dylan Hernandez of the Los Angeles Times reports that Major League Baseball plans to investigate Puig under the league’s new domestic violence policy for his role in the brawl. Citing a report from TMZ, Hernandez notes that Puig shoved his sister, “brutally sucker-punched” the manager of the bar, and instigated the brawl.

The Dodgers and Puig’s agent have thus far refused to comment on the situation.

Rockies shortstop Jose Reyes was the first player to be investigated under the league’s new domestic violence policy earlier this month, as he allegedly assaulted his wife. Reyes has pleaded not guilty after he was charged with domestic abuse in Hawaii.

As our own Craig Calcaterra pointed out, commissioner Rob Manfred does not need to wait for Puig to plead guilty or to be found guilty to levy a punishment.

Dayan Viciedo close to signing with Japan’s Chunichi Dragons

Dayan Viciedo
AP Photo/Carlos Osorio
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Patrick Newman is reporting that the Chunichi Dragons of Japan’s Nippon Professional Baseball and outfielder Dayan Viciedo are close to an agreement on a contract. Newman notes that the Dragons are close to signing pitcher Jordan Norberto as well.

Viciedo, 26, has struggled since making his major league debut in 2010 with the White Sox, batting an aggregate .254/.298/.424 with 66 home runs and 211 RBI in 1,798 plate appearances. He spent the 2015 season with Triple-A Charlotte (White Sox) and Nashville (Athletics), hitting a composite .287/.348/.450. While Viciedo can hit the occasional home run, he hasn’t shown the ability to do much else at the big league level. Given his age, he could prove himself in Japan and parlay that into a renewed shot in the majors in the future.

The White Sox signed Viciedo out of Cuba in December 2008, agreeing to a four-year, $10 million deal. The club re-signed him to one-year deals in 2013 and ’14 for $2.8 million each and $4.4 million ahead of the 2015 season.