At least one person thinks San Jose has a strong case against Major League Baseball

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Unfortunately that one person is ESPN’s legal analyst Lester Munson who, as we and many others have noted over the years, tends to get things pretty darn wrong pretty darn often. You won’t be shocked to hear that I feel like he’s off on this one too.

To be fair, he is half right. He analyzes Major League Baseball’s antitrust exemption and notes just how anomalous it is. He also notes that, in the right case, the Supreme Court would probably overturn the old Federal Baseball Club vs. National League case which gave us the antitrust exemption in the first place. It’s really a piece or garbage precedent. Where he’s wrong is in thinking that this is the right case.

As I mentioned the other day, the biggest hurdle to San Jose’s suit is getting its arguments heard on the merits in the first place. That’s because, in my view and the view of many others, San Jose lacks legal standing to assert a claim against Major League Baseball and hasn’t alleged any actual damages, as opposed to speculative ones. San Jose claims it will lose money if the A’s are not relocated there. It has made no allegation, however, that it actually has been damaged by any act of Major League Baseball. Munson makes no mention of this whatsoever.

He does mention the American Needle vs. National Football League, case, however. This is one that should come up a lot in talking about the San Jose case, so here’s the quick and dirty: American Needle made NFL-logo merchandise for various teams. The NFL then said, nope, all merch will now be made by Reebok and Reebok only. American Needle sued, saying that the NFL’s anticompetitive act — 32 teams and the league conspiring to shut out competitors to Reebok — violated the law and caused its existing contracts to go bye-bye.  American Needle won that case, with the Supreme Court pounding the NFL’s claim to antitrust protection 9-0.

Here’s the difference, though: American Needle had a contract with NFL teams. It had a vested financial interest in doing business with these guys. Then the NFL came in and said “sorry, you’re shut out.” It had something then lost something by virtue of the NFL’s action.  San Jose has no similar interest or damage. It has a contract with the A’s that gives the A’s the option to purchase some land. The terms of that contract are entirely fulfillable without MLB doing anything. The A’s have paid San Jose the $50,000 the contract asks for. The A’s have not, by any report whatsoever, moved or attempted to move to actually buy land in San Jose, let alone move the team there. More importantly, the A’s are not a plaintiff in this suit. If they were I think it would be a totally different ballgame and MLB would be in big trouble. But that hasn’t happened.

There is always a chance a judge will go off the reservation and make a surprising ruling. As such, sure, there is a chance that San Jose’s suit goes farther than I think it will (and man, I hope it will).  But that’s pretty unlikely. And no matter the odds, Munson makes no mention of Major League Baseball’s possible defenses at all, let alone that they have some pretty stout defenses. There is not one passage in his column noting that, just maybe, the San Jose lawsuit isn’t a slam dunk. If a first year law student provided an analysis like Munson’s on a civil procedure exam he’d probably get a D, at best.

If you just read Munson’s analysis and nothing else — and given that he writes for the biggest sports media company on the planet, many probably have — you’d get a pretty skewed idea of what’s going on here. And the fact that ESPN continues to be cool with that sort of thing from him is frankly amazing.

And That Happened: Sunday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Braves 10, Marlins 9: The Braves rallied for six runs, all with two outs, in the bottom of the ninth to walk off winners on getaway day against the Marlins. The Marlins took a 6-0 lead in the fourth inning after Lewis Brinson cracked a grand slam down the left field line. Miguel Rojas hit a two-run homer in the seventh to bring the Marlins’ lead back to six runs at 8-2. The Braves entered the bottom of the ninth trailing 9-4, but Marlins relievers Brad Ziegler and Tayron Guerrero both melted down. Here’s what happened. It’s the Braves’ largest ninth-inning comeback in exactly eight years, when this happened:

Red Sox 5, Orioles 0: J.D. Martinez homered twice, tying teammate Mookie Betts for the major league lead in home runs with 15. Andrew Benintendi also homered and picked up three hits. Red Sox starter Eduardo Rodriguez pitched 5 2/3 scoreless innings, striking out seven. The Orioles had their opportunities, racking up 13 hits, but went 1-for-10 with runners in scoring position and only one of their 13 hits went for extra bases. The Orioles’ 13 hits were the most compiled by a team that was shut out since August 25, 2008 when the Dodgers racked up 13 while being shut out by the Phillies. It’s only the 22nd time it’s happened dating back to 1908, according to Baseball Reference.

Athletics 9, Blue Jays 2: Daniel Mengden was magnificent for the A’s, tossing seven scoreless frames on two hits and a walk with two strikeouts. Marcus Semien hit a two-run home run and Matt Chapman picked up three hits. The Jays committed four errors on what was a very forgettable afternoon.

Cubs 6, Reds 1: Things haven’t been going well this year for Yu Darvish, but they did go well at least on Sunday afternoon. The right-hander held the Reds to a lone run on two hits and three walks with seven punch-outs across six innings, lowering his ERA on the season to 4.95. Kyle Schwarber and Javier Baez hit back-to-back homers in the second inning off of Tyler Mahle. Joey Votto was the only Red to have more than one hit.

Mets 4, Diamondbacks 1: Clay Buchholz made his first start in over a year and it went well. He held the Mets to one run, which came on Amed Rosario‘s solo home run in the top of the sixth, ultimately the hit that knocked Buchholz out of the game. Rosario added another homer in the seventh, when the Mets scored three runs to take a lead they’d never relinquish. Noah Syndergaard fanned seven in seven innings, giving up one run on six hits and a walk. D-Backs first baseman Paul Goldschmidt remains mired in a season-long slump. He went 1-for-4 with a single and now owns an uncharacteristic .690 OPS.

Padres 8, Pirates 5: The Padres rallied for four runs in the top of the ninth, turning a 5-4 deficit into an 8-5 lead. They rapped out five singles and benefited from an error as well. Christian Villanueva hit his 12th homer of the season, a two-run blast in the fourth inning. Austin Meadows knocked his first major league homer.

Dodgers 7, Nationals 2: This was mostly a clinic on power, as the Dodgers hit three homers, one each from Yasmani Grandal, Enrique Hernandez, and Yasiel Puig. Trea Turner hit one for the Nationals. Alex Wood pitched well, holding the Nationals to two runs on three hits and a walk with four strikeouts, but left the game after apparently injuring himself warming prior to the bottom of the seventh inning. Stephen Strasburg gave up three runs on five hits and four walks with seven strikeouts in 6 2/3 innings.

White Sox 3, Rangers 0: This one was all Reynaldo Lopez. The 24-year-old fired eight shutout frames, yielding only two hits and two walks while striking out eight. In doing so, he lowered his ERA to 2.98. The three runs came on a solo homer from Welington Castillo in the second and a two-run Leury Garcia single in the third.

Yankees 10, Royals 1: Tyler Austin blasted a pair of homers, giving him eight on the season. Miguel Andujar and Austin Romine also homered for the Yankees in what was a drubbing of the lowly Royals. Sonny Gray went eight innings, giving up a lone run on four hits and a walk with five strikeouts. The Yankees now have a major league-best 30-13 record while the Royals drop to 14-32. Only the White Sox (.302) have a worse winning percentage than the Royals (.304).

Cardinals 5, Phillies 1: Jack Flaherty was phenomenal for the Cardinals, striking out 13 batters while limiting the Phillies to a run on two hits and a walk over 7 2/3 innings. 21-year-old Freddy Peralta also struck out 13 earlier this season. Before Flaherty and Peralta, the last pitcher younger than 23 years old to strike out 13 in a game was Noah Syndergaard nearly three years ago against the Diamondbacks. Aaron Nola, who has been ace-like all year for the Phillies, didn’t have his best stuff on Sunday, surrendering four runs over six innings to the Cardinals. Rhys Hoskins homered but Odubel Herrera‘s on-base streak finally ended at 45 consecutive games. It’s tied for the fourth-longest in Phillies history.

Twins 3, Brewers 1: Logan Morrison knocked in two runs with a single to right field in the bottom of the eighth, breaking a 1-1 tie. That proved to be the game-winning hit as Fernando Rodney came in and struck out the side in the top of the ninth to seal the deal.

Giants 9, Rockies 5: The Giants scored nine runs for a second consecutive day. Gorkys Hernandez, Brandon Belt, and Nick Hundley each homered, accounting for six of the nine runs. Nice. The Rockies got three hits each from Nolan Arenado and Trevor Story but it wasn’t enough. Starters Ty Blach and Tyler Anderson both had forgettable days on the mound, giving up five and four runs in 5 1/3 and 4 1/3 innings, respectively.

Angels 5, Rays 2: Shohei Ohtani continued to pitch well, holding the Rays to a pair of runs on six hits and a walk with nine strikeouts. With seven major league starts under his belt, he’s sporting a 3.35 ERA. He’s also batting .321/.367/.619. Sergio Romo started for the Rays for a second day in a row. He pitched an inning yesterday before giving way to Ryan Yarbrough. This time, he got four outs before Matt Andriese relieved him. Martin Maldonado homered for the Angels; Johnny Field went yard for the Rays. Matt Duffy collected three hits as well.

Tigers, Mariners (11 innings): Mitch Haniger hit a game-tying two-run home run in the bottom of the ninth inning to send the game into extras. Jean Segura broke the 2-2 tie in the bottom of the 11th with an RBI single. Tigers starter Francisco Liriano brought a no-hitter into the seventh inning but lost it when Haniger singled to center. Liriano ended up giving up the one hit and walking three while striking out five on 102 pitches over eight scoreless innings.

Astros 3, Indians 1: Lance McCullers had his best stuff working, bringing a bid for a no-hitter into the sixth inning. He ended up going seven frames, giving up just a hit and two walks with eight strikeouts. Brian McCann broke a scoreless tie in the bottom of the seventh with a two-run home run off of Carlos Carrasco.