Jun 18, 2013, 2:27 PM EDT
The City of San Jose has sued Major League Baseball in an effort to get the Oakland A’s to relocate to San Jose, to challenge the Giants claim to rights over the territory and to challenge Major League Baseball’s long-standing monopoly power.
The lawsuit, a copy of which can be seen here, and which is analyzed in-depth here, alleges that Major League Baseball has caused San Jose to lose prospective financial benefits and deals by virtue of the A’s moving there and violations of state and federal antitrust laws.
This will get big headlines, but until I see the lawsuit or have someone tell me otherwise, I can’t see how the City of San Jose would have a leg to stand on. Literally: I think legal standing is a big, big problem here.
Standing, for purposes of a lawsuit, is the idea that focuses on whether a plaintiff in a lawsuit can show that he or she some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. You may be very interested in a big real estate deal going down, but you can’t sue the people involved for not letting you into the deal on the idea that, “man, I would’ve made a ton of money!” You have to be in the deal already and have your rights violated.
I don’t see how San Jose has that standing here. Yes, they would benefit greatly from the A’s moving to San Jose and yes MLB’s monopoly rules which control where franchises can and cannot be are preventing it. But they are not party to those rules. They have no hard and fast deal with the Oakland A’s yet. There have been statements of principles and plans announced pending MLB approval of an A’s move, but nothing hard and in stone. Indeed, if the A’s had committed to San Jose in such a way already, the Giants and/or Major League Baseball likely would have sued them by now.
I hate baseball’s monopoly power. I think it makes watching games on TV difficult and I think it makes the game less competitive by keeping teams from doing everything they can to compete. But that doesn’t give me the right to sue Major League Baseball over it. The A’s in San Jose would make San Jose’s life way better too, many would argue. But just because they’re not doesn’t give San Jose the right to sue either. What would make this different is if Lew Wolff and the A’s were involved. And I find it almost impossible to believe that they would be.
UPDATE: How about more than impossible the A’s would be involved here. From Michael McCann’s column about Frank McCourt back in 2011 in Sports Illustrated:
MLB could also highlight the “waiver of recourse” clause found in the MLB constitution. This clause prevents clubs from engaging in litigation against the commissioner, the league or other owners. Indeed, by virtue of becoming a franchise owner, an owner waives away the right to seek remedies that would normally be available through the legal system. The clause also compels owners to resolve their differences internally and to accept the commissioner’s judgment as binding.
This would prevent the A’s from joining in. I’m told the San Jose complaint, however, alleges that the MLB Constitution is expired now. Which would be odd, but that’s the claim. Likely asserted so that the A’s could later join the suit if it gets further down the road.
Aug 4, 2015, 3:45 PM EDT
He has a strained forearm.
Aug 4, 2015, 3:12 PM EDT
No Royals were suspended.
Aug 4, 2015, 3:00 PM EDT
He calls it a “hail Mary”
Aug 4, 2015, 2:46 PM EDT
In between the DL stints Freeman played just 10 games.
Aug 4, 2015, 1:19 PM EDT
He played two games for the Yankees.
Aug 4, 2015, 12:27 PM EDT
Incredible numbers for a 20-year-old shortstop.
Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash”
Aug 4, 2015, 11:44 AM EDT
Gregg Zaun, as always, providing a voice of reason.
Aug 4, 2015, 10:30 AM EDT
He’s pitcher number two they received in the David Price deal.
Aug 4, 2015, 10:15 AM EDT
“I only have one head.”
Aug 4, 2015, 9:48 AM EDT
Not having access to athletes and coaches would be a bummer at first, but over time the press would do just fine with it.
Aug 4, 2015, 8:44 AM EDT
Congratulations to Mike Hessman. The greatest minor league lifer of them all.
Aug 4, 2015, 8:02 AM EDT
A.J. Pierzynski is a national freakin’ treasure.
Aug 4, 2015, 7:22 AM EDT
A few weeks ago I had no idea what an Adonis Garcia even was.
Aug 3, 2015, 11:01 PM EDT
Rangers third baseman Adrian Beltre hit for the cycle tonight against the Astros. And he needed just five innings to do it.
Aug 3, 2015, 10:25 PM EDT
It’s August 3 and the Mets are all alone in first place in the National League East.
Aug 3, 2015, 10:03 PM EDT
Mike Hessman is the new minor league home run king.
Aug 3, 2015, 9:36 PM EDT
Nationals right-hander Stephen Strasburg has been sidelined since July 4 with a left oblique strain, but it sounds like he’s rounding into form for the stretch run.
Aug 3, 2015, 9:13 PM EDT
The Braves are calling him day-to-day, but these type of injuries are notoriously tricky.
Aug 3, 2015, 9:01 PM EDT
Clayton Richard tossed six innings of one-run ball in a win over the Padres on Sunday, but he was designated for assignment by the Cubs today for the second time in the past two weeks.
Aug 3, 2015, 8:19 PM EDT
Matz impressed over his first two starts in the majors before going down with a partial tear of his lat muscle, but he’s starting to ramp things up in preparation for his return.
- Blue Jays’ Aaron Sanchez, John Gibbons disciplined in the wake of Sunday’s plunkings 14
- Believe the hype: Carlos Correa is already a superstar 22
- Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash” 87
- And That Happened: Monday’s scores and highlights 55
- Adrian Beltre needs just five innings for the third cycle of his career 16
- Mets blow out Marlins, move past Nationals for first place in NL East 26
- Yordano Ventura calls Jose Bautista a “nobody” and accuses him of stealing signs 73
- And That Happened: Sunday’s scores and highlights 88
- The benches cleared in Friday’s Giants-Rangers game (208)
- Blue Jays acquire David Price from the Tigers (113)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- Royals make another big move, get Ben Zobrist from A’s (95)
- Report: Rockies trade Troy Tulowitzki to Blue Jays for Jose Reyes and prospects (92)