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.

Zach Davies replaces Gio Gonzalez on Brewers roster

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Major League Baseball just announced that it has approved a roster substitution for the Milwaukee Brewers due to the ankle injury sustained by Gio Gonzalez: right-handed pitcher Zach Davies will take his place. In accordance with league rules, Gonzalez will be ineligible to return if the Brewers make it to the World Series.

That rule is designed to prevent roster gamesmanship such as having a pitcher fake an injury after he’s done being used in an effort to give a team a fresh arm in a short series. A second layer on that is an independent consult with the league, which may approve or disapprove the request based on the specific facts and circumstances of the case. In this case, Dr. Gary Green, MLB’s Medical Director, confirmed Gonzalez’s injury after communicating with the Brewers’ evaluating physician. Not that anyone can really suggest that Gonzalez was faking. The dude’s ankle went sideways.

That being said, this is a benefit to the Brewers at least for the short term. Davies did not have a fantastic season, going 2-7 with a 4.77 ERA in 13 starts and failing to make the Brewers’ initial postseason roster, but he is fresh — he hasn’t pitched since September 28 — which could prove very useful for Craig Counsell and the Brewers after last night’s 13-inning game.