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.
Oct 1, 2014, 1:29 AM EDT
In case you missed it, here is the replay of Salvador Perez’s walkoff hit from Tuesday night’s AL Wild Card Game …
Oct 1, 2014, 1:25 AM EDT
You get a bunt and you get a bunt and you get a bunt!
Oct 1, 2014, 1:10 AM EDT
Salvador Perez was held hitless in his first five at-bats of Tuesday’s American League Wild Card Game at Kauffman Stadium in Kansas City, but he smacked a walkoff RBI single down the left-field line in the 12th inning to give the Royals a 9-8 victory over the A’s.
Oct 1, 2014, 12:14 AM EDT
A’s center fielder Coco Crisp was removed from Tuesday night’s American League Wild Card Game before the bottom of the 11th inning with an apparent hamstring injury.
Sep 30, 2014, 11:49 PM EDT
We’ve got a brand new ballgame in Kansas City.
Sep 30, 2014, 10:53 PM EDT
Dodgers left-hander Hyun-Jin Ryu will test his injured shoulder in a simulated game Wednesday. He’s hoping to start Game 3 of the NLDS in St. Louis.
Sep 30, 2014, 10:18 PM EDT
Oakland opened the floodgates on the Royals in the sixth inning.
Sep 30, 2014, 9:45 PM EDT
Watch the host Royals take the lead in Tuesday’s American League Wild Card Game against the visiting A’s on this RBI bloop single from Eric Hosmer in the bottom of the third inning …
Sep 30, 2014, 9:06 PM EDT
Derek Norris came off the bench to replace him.
Sep 30, 2014, 8:59 PM EDT
Angels starter Matt Shoemaker hasn’t pitched in a game since September 15 due to a left oblique strain, but he is making steady progress behind the scenes and expects to be available for the ALDS.
Sep 30, 2014, 8:04 PM EDT
Braves hitting coach Greg Walker officially stepped down on Tuesday evening, as announced on the club’s Twitter feed.
Sep 30, 2014, 7:31 PM EDT
Ishikawa is 31 years old and has started a grand total of three career games in the outfield.
Sep 30, 2014, 7:08 PM EDT
Red Sox starter Clay Buchholz underwent surgery Tuesday to correct a right meniscus injury that bothered him off and on throughout the 2014 season. He should have a fairly normal winter.
Sep 30, 2014, 7:01 PM EDT
Kershaw and Greinke four times in five games?
Sep 30, 2014, 6:20 PM EDT
Javier Baez hit just .169 with 95 strikeouts in 52 games as a 21-year-old rookie.
Sep 30, 2014, 6:13 PM EDT
Josh Hamilton has played in just one game since September 4 due to shoulder, chest, and rib cage injuries, but the 33-year-old outfielder took batting practice, threw some long toss, and ran the bases on Tuesday afternoon and has declared himself ready for the ALDS, which begins on Thursday.
Sep 30, 2014, 5:29 PM EDT
It’s all about how you define the term “best,” of course.
Sep 30, 2014, 4:46 PM EDT
Gordon led the NL in steals and triples this season.
Sep 30, 2014, 4:16 PM EDT
It’s not as crazy as it may seem.
Sep 30, 2014, 4:00 PM EDT
Giancarlo Stanton is about to get expensive. But the Marlins are not inclined to deal him.
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