Jun 18, 2013, 2:27 PM EST
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.
Dec 19, 2014, 11:30 PM EST
Chase Utley plans to wear Phillies red until his contract runs out.
Dec 19, 2014, 10:25 PM EST
Everything’s coming up Padres lately.
Dec 19, 2014, 9:31 PM EST
Brian Wilson and his beard are back on the free agent market after the Dodgers released him on Friday.
Dec 19, 2014, 9:20 PM EST
The Red Sox have brought back lefty Craig Breslow on a one-year deal for $2 million.
Dec 19, 2014, 8:15 PM EST
The Padres’ outfield should hit a lot of homers in 2015, but they may give back a lot of those runs on defense.
Dec 19, 2014, 7:10 PM EST
The Orioles have settled on a new hitting coach: Scott Coolbaugh.
Dec 19, 2014, 6:05 PM EST
The Giants are looking to solve their third base dilemma with Casey McGehee.
Dec 19, 2014, 5:18 PM EST
Jon Lester now has a personal catcher.
Dec 19, 2014, 4:47 PM EST
All baseball moves the Yankees make must be construed as pro-A-Rod or anti-A-Rod. There are literally no other reasons the Yankees make baseball moves.
Dec 19, 2014, 3:45 PM EST
Howie Kendrick’s replacement?
Dec 19, 2014, 3:25 PM EST
Minor League Baseball’s top lobbyist wants minor leaguers classified as if they were babysitters and seasonal farm workers.
Dec 19, 2014, 3:10 PM EST
He’s owed $2.75 million for 2015.
Dec 19, 2014, 2:30 PM EST
It’s complicated. But you can bid on his deferred compensation, payable by the Mets.
Dec 19, 2014, 2:14 PM EST
Hart was one of the best right-handed power hitters in baseball for the Brewers from 2010-2012.
Dec 19, 2014, 1:42 PM EST
Dec 19, 2014, 1:30 PM EST
The Padres have made a flurry of moves in the past few days. It may help them win some more baseball games. But it will undeniably fire up a fan base that has had nothing to get excited about for years.
Dec 19, 2014, 1:13 PM EST
Furcal is actually a year older than Jimmy Rollins at 37 and hasn’t been healthy since 2012
Dec 19, 2014, 1:00 PM EST
Bud is still going to be CCd on all the imporant emails, it seems.
Dec 19, 2014, 12:12 PM EST
Rollins waived his no-trade rights to facilitate a move after 15 seasons in Philadelphia.
Dec 19, 2014, 12:00 PM EST
One player the Padres did NOT get.
- Giants acquire Casey McGehee from the Marlins 14
- The Padres have given their fans something to talk about. Which is badly needed in San Diego. 59
- Justin Upton traded to the Padres for three prospects 79
- Bud Selig will get a $6 million a year pension. Which is obscene. 142
- Jake Peavy agrees to a two-year, $24 million deal to stay with the San Francisco Giants 25
- Matt Kemp has officially been traded to the Padres 29
- Padres acquire catcher Derek Norris from Athletics 38
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site 90
- The United States will seek to normalize relations with Cuba (144)
- Bud Selig will get a $6 million a year pension. Which is obscene. (142)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (111)
- Rays, Padres, Nationals agree to 11-player trade (97)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)