San Jose responds to MLB’s motion to dismiss, hearing set for October 4

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The San Jose-Major League baseball lawsuit continues, with San Jose filing a response to Major League Baseball’s motion to dismiss. Major League Baseball will get a final reply and a hearing on the matter is set for October 4. The Mercury-News has a summary of it all.

Well, maybe not all. For while it does deal with the arguments the two sides have lobbed back and forth about whether Major League Baseball is entitled to maintain its antitrust exemption, nowhere in the story does it mention Major League Baseball’s better, stronger argument about how the city of San Jose doesn’t have legal standing to challenge it.  I’ve talked about that extensively.

I believe that, if for some reason the court decides that San Jose does have standing, the anti-trust exemption and Major League Baseball could be in serious legal trouble here. But that’s a huge, unlikely “if,” and I am having a really hard time seeing how San Jose gets over that threshold.

But boy howdy if they do, get the popcorn, because this will be a total blast.