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.

Dodgers acquire Manny Machado from Orioles for five minor leaguers

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The Orioles and Dodgers finally completed the trade involving Manny Machado, ESPN’s Jerry Crasnick reports. The Orioles will receive five prospects from the Dodgers: Yusniel Diaz, Dean Kremer, Zach Pop, Rylan Bannon, and Breyvic Valera.

Machado, 26, is in the final year of his contract, so this is currently a rental for the first-place Dodgers. Machado ended the first half batting .315/.387/.575 with 24 home runs, 65 RBI, 48 runs scored, and eight stolen bases in 413 plate appearances. In Los Angeles, he will handle shortstop, allowing Chris Taylor to move over to second base.

MLB Pipeline rated Diaz as the Dodgers’ No. 4 prospect and No. 84 across baseball. Kremer was No. 27 in the Dodgers’ system and Bannon was No. 28.

Diaz, 21, is considered the centerpiece of the trade. The outfielder hit .314/.428/.477 with 20 extra-base hits, 30 RBI, and 36 runs scored in 264 plate appearances at Double-A Tulsa this season.

Kremer, 22, was selected by the Dodgers in the 14th round of the 2016 draft. He spent most of his season with High-A Rancho Cucamonga before earning a promotion to Tulsa earlier this month. Overall, in 17 starts, the right-hander posted a 3.03 ERA with a 125/29 K/BB ratio in 86 innings.

Pop, 21, was selected by the Dodgers in the seventh round of the 2017 draft. He has spent his season between Rancho Cucamonga and Single-A Great Lakes. Overall, he compiled a 1.04 ERA with 47 strikeouts and 13 walks in 43 1/3 innings of relief.

Bannon, 22, was selected by the Dodgers in the eighth round of the 2017 draft. With Rancho Cucamonga this season, the infielder batted .296/.402/.559 with 20 home runs and 61 RBI in 403 PA.

Valera, 26, has appeared in 20 games at the major league level for the Dodgers this season, batting a meager .172 with a .445 OPS in 34 PA. Valera has versatility, having played second base, third base, and corner outfield this year while also having experience in center field, shortstop, and first base.