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 27, 2014, 1:30 PM EDT
The league that has no HGH testing and never gets criticized for its drug policies, has suspended a guy for a year for using a substance that is legal in two of the 22 states in which the NFL operates.
Aug 27, 2014, 1:13 PM EDT
Astros prospect Mark Appel was terrible at Single-A and then there was a weird quasi-controversy about him throwing a bullpen session in Houston, but now the former No. 1 overall pick is thriving at Double-A.
Aug 27, 2014, 1:00 PM EDT
Alex Gordon and the Royals fly under the radar, but here they are, on top of the AL Central.
Aug 27, 2014, 12:16 PM EDT
Cingrani has been on the Triple-A disabled list since late June with a strained shoulder and recently had to halt the start of a throwing program due to continued discomfort.
Aug 27, 2014, 11:50 AM EDT
“He’d probably punch me if heard me saying that but you’re really going to take your time and make sure he’s ready to go.”
Aug 27, 2014, 11:32 AM EDT
The young stars will shine in the Arizona sun.
Aug 27, 2014, 11:19 AM EDT
Napoli became just the eighth visiting player to hit a homer into the fifth deck at Rogers Centre in the ballpark’s 26-year history.
Aug 27, 2014, 11:03 AM EDT
Another doozy was uncorked in Houston last night.
Aug 27, 2014, 10:47 AM EDT
Right-hander Bryan Morris has been ridiculously good for the Marlins since they acquired him from the Pirates for a draft pick in June, posting a 0.48 ERA in 38 innings. But now he’s hurt.
Aug 27, 2014, 10:30 AM EDT
The Pirates need McCutchen more than any playoff contender needs any single player.
Aug 27, 2014, 10:15 AM EDT
With an $11 million salary for next season Mets right-hander Bartolo Colon is apparently out of the Angels’ price range as they try to upgrade the injury wrecked rotation, but Diamondbacks right-hander Trevor Cahill could be an option.
Aug 27, 2014, 9:46 AM EDT
A guy who has been snakebitten is on his way back to the Snakes.
Aug 27, 2014, 9:45 AM EDT
“That game was probably more impressive than a lot of no-hitters.”
Aug 27, 2014, 9:23 AM EDT
We may not have reached the bottom of the barrel yet, but man, we’re getting close.
Aug 27, 2014, 9:07 AM EDT
Hamels was removed from last night’s game before he wanted to be. And was all passive-aggressive about it in interviews afterward.
Aug 27, 2014, 8:32 AM EDT
There’s cool stuff going on in Kansas City right now. Maybe Ned Yost should focus on the cool stuff.
Aug 27, 2014, 7:09 AM EDT
I don’t believe in destiny. I don’t believe in fate. I’m even pretty skeptical about momentum and the hot hand. But these Royals are testing my beliefs.
Aug 27, 2014, 12:14 AM EDT
We interrupt this regular old Tuesday night to inform you that Giants left-hander Madison Bumgarner is working on a perfect game at San Francisco’s AT&T Park. He has not allowed a hit or a walk through seven innings and he’s thrown just 78 pitches despite striking out nine Colorado hitters. Updates to come.
Aug 26, 2014, 11:18 PM EDT
Cardinals catcher Yadier Molina took a round of batting practice on Tuesday night at Double-A Springfield and has been cleared to catch five or six innings there Wednesday in his first minor league rehab game.
Aug 26, 2014, 10:05 PM EDT
He didn’t cover very much ground before the dive, but A’s outfielder Jonny Gomes saved a couple of runs with this two-out grab in the bottom of the third inning Tuesday at Houston’s Minute Maid Park …
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- Andrew McCutchen departs game versus Cardinals after aggravating injured left rib cage 3
- Mariners extend general manager Jack Zduriencik’s contract 13
- Money, money, money (and Bud Selig’s nirvana) 15
- These days, the correlation between payroll and winning is historically weak 60
- And That Happened: Monday’s scores and highlights 49
- Report: Cubs calling up top prospect outfielder Jorge Soler 40
- Shin-Soo Choo to undergo season-ending bone spur surgery on elbow 13
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare (247)
- Forgiveness for Pete Rose? Not in this lifetime (143)
- Cuban outfielder Rusney Castillo to sign with the Red Sox for $72 million (96)
- A pitch clock in Major League Baseball? No thanks. (92)
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