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.
May 27, 2015, 9:01 PM EDT
Adams tore his right quadriceps muscle Tuesday while legging out a double.
May 27, 2015, 8:23 PM EDT
Santos had registered an underwhelming 4.73 ERA, 1.50 WHIP, and 15/7 K/BB ratio in 13 1/3 innings of relief this season for the Dodgers.
May 27, 2015, 7:18 PM EDT
Just call him Jimmy “The Jet” Paredes.
May 27, 2015, 6:25 PM EDT
Peguero was designated for assignment by the Rangers on May 20 after batting .186/.310/.414 with four home runs and nine RBI in 84 plate appearances.
May 27, 2015, 5:19 PM EDT
Adams was off to a slow start this season, but he’s hit .277 with a .770 OPS in 320 games for the Cardinals since debuting in 2012.
May 27, 2015, 5:09 PM EDT
Everything ends badly. Otherwise it wouldn’t end.
May 27, 2015, 4:34 PM EDT
A bad season for the A’s is starting to look worse.
May 27, 2015, 4:19 PM EDT
The incident is alleged to have occurred this past weekend.
May 27, 2015, 4:01 PM EDT
Crazy things are happening in Minnesota.
Felix Hernandez and Chris Archer dueled. Chris Archer, by one measure, pitched better. Felix Hernandez won.
May 27, 2015, 3:36 PM EDT
Game scores are interesting things. Wins — the team kind, anyway — are far more satisfying.
May 27, 2015, 2:30 PM EDT
And Missouri continues to represent well.
May 27, 2015, 2:18 PM EDT
De Aza played very well for the Orioles down the stretch last season.
May 27, 2015, 1:49 PM EDT
Verlander will start Sunday at Triple-A.
May 27, 2015, 12:50 PM EDT
Several reports last week had the Angels in the market for outfield help.
May 27, 2015, 12:36 PM EDT
“A multimedia show featuring a virtual Selig.” Yes, that’s actually a thing.
May 27, 2015, 11:50 AM EDT
He’s about 11 months removed from Tommy John surgery.
May 27, 2015, 11:19 AM EDT
Coke signed a one-year, $2.25 million deal with the Cubs this offseason.
May 27, 2015, 11:01 AM EDT
And you think my A-Rod trolling kung-fu is the best. Heck, I’m an amateur.
May 27, 2015, 10:47 AM EDT
Adams hurt his quadriceps while running out a double.
May 27, 2015, 10:30 AM EDT
He has three homers and is hitting .283/.353/.500 in 14 Triple-A games. At the age of 20.
- John Mozeliak announces Matt Adams out 3-4 months with torn quad, possibly the year 0
- Bryce Harper leads in the first round of National League All-Star voting 26
- Buster Olney: The Marlins should hire A-Rod to be their next manager 43
- Breaking down the Braves-Dodgers trade 16
- And That Happened: Tuesday’s scores and highlights 34
- So that Juan Uribe trade to the Braves is back on … 11
- Ruben Amaro apologizes for comments about fans, admits he may have been late on rebuild 24
- Jonathan Lucroy expected to rejoin the Brewers on Monday 0
- And That Happened: Wednesday’s scores and highlights (133)
- And That Happened: Thursday’s scores and highlights (96)
- Ichiro Suzuki passes Babe Ruth on the all-time hits list (76)
- And That Happened: Monday’s scores and highlights (71)
- Ruben Amaro dismisses fans who “bitch and complain” about the Phillies’ moves (71)