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.
Apr 19, 2015, 2:05 PM EDT
There’s so much gold in this new Red Bull spot for Cubs rookie third baseman Kris Bryant …
Apr 19, 2015, 1:30 PM EDT
Puig, who boasts an .886 through 34 plate appearances, is considered day-to-day.
Apr 19, 2015, 12:41 PM EDT
Carrasco was lucky to avoid a serious injury. These reschedulings seem to be completely precautionary.
Apr 19, 2015, 11:57 AM EDT
Span underwent surgery for a sports hernia in December and then needed a followup procedure for a core muscle injury in early March.
Apr 19, 2015, 11:04 AM EDT
It’s been a rough first couple of weeks for the 2015 Giants, who sit in last place in the National League West with a record of 4-9 and a -21 run differential. But they got to do some celebrating Saturday night …
Apr 19, 2015, 10:18 AM EDT
This will be the first start for Richards since he tore the patellar tendon in his left knee last August in Boston.
Apr 19, 2015, 9:25 AM EDT
Jason Heyward hit his first home run as a member of the Cardinals on Saturday in St. Louis …
Apr 19, 2015, 8:33 AM EDT
Mark down seven straight wins for the Mets, who will try for a four-game Citi Field sweep of the Marlins on Sunday afternoon behind staff ace Matt Harvey.
Apr 18, 2015, 11:26 PM EDT
Grant Balfour was designated for assignment following a disastrous Saturday night against the Yankees.
Apr 18, 2015, 11:01 PM EDT
Joe Nathan could be activated from the disabled list as soon as Wednesday.
Apr 18, 2015, 10:00 PM EDT
If you’re in the mood for a laugh, you’ll want to read this story involving Indians manager Terry Francona and his dad Tito.
Apr 18, 2015, 9:10 PM EDT
Kris Bryant, one of baseball’s top prospects, earned his first major league hit and RBI on Saturday afternoon against the Padres.
Apr 18, 2015, 8:16 PM EDT
More drama involving the Athletics and Royals.
Apr 18, 2015, 7:45 PM EDT
Did Brett Lawrie apologize to Alcides Escobar for his hard slide in Friday’s game between the Athletics and Royals? We’re not sure.
Apr 18, 2015, 6:55 PM EDT
Ryan Braun will lead off for the first time in his career in Saturday’s game against the Pirates.
Apr 18, 2015, 6:05 PM EDT
Jake Peavy is dealing with lower back issues.
Apr 18, 2015, 5:32 PM EDT
Hamilton suffered the injury beating out an infield single in the eighth inning.
Apr 18, 2015, 5:25 PM EDT
Justin Verlander’s return to the Tigers doesn’t appear imminent.
Apr 18, 2015, 5:20 PM EDT
Hamilton filed for divorce in late February, which is right around the time when word leaked about his offseason drug relapse.
Apr 18, 2015, 4:19 PM EDT
You’ll be seeing MLB’s all-time hits leader Pete Rose in FOX’s coverage of baseball this season.
- Giants receive their 2014 World Series championship rings 7
- Angels activate Garrett Richards for Sunday debut 2
- Settling the Score: Saturday’s results 38
- Video: Watch Kris Bryant get his first major league hit and RBI 12
- Yordano Ventura ejected for hitting Brett Lawrie with a pitch 38
- Pete Rose joins FOX as a baseball analyst 25
- Settling the Score: Friday’s results 55
- Josh Hamilton’s teammates say he’s in great shape and ready to play 28
- The Commissioner’s Office thinks that the Angels could indeed go after Josh Hamilton under his contract (153)
- “Why Ted Cruz is like the Atlanta Braves” (150)
- “We no longer need the terrorists. We’re now so good at terrorizing ourselves.” (143)
- Another argument in favor of making the DH universal (127)
- When it comes to Josh Hamilton, Arte Moreno is a craven opportunist, not a “smart businessman” (116)