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.
Mar 2, 2015, 11:05 PM EST
Gwynn will function as insurance with Jayson Werth and Nate McLouth each rehabbing from shoulder surgery.
Mar 2, 2015, 10:01 PM EST
Mueller died at the age of 26 last month while in captivity in Syria.
Mar 2, 2015, 8:58 PM EST
The Mets cut back on defensive shifts with Wheeler on the mound last season because of his concerns.
Mar 2, 2015, 7:45 PM EST
Some key players are making some encouraging strides on the health front.
Mar 2, 2015, 6:29 PM EST
After facing a pitching machine during an intrasquad game today, Alex Rodriguez is ready for his first real-live game action since September of 2013.
Mar 2, 2015, 5:12 PM EST
Seems a bit light as far as these things go.
Mar 2, 2015, 4:26 PM EST
Trammell and Whitaker in Detroit? Carter and Hernandez with the Mets?
Mar 2, 2015, 3:45 PM EST
Lester joined the Cubs on a six-year, $155 million deal in December.
Mar 2, 2015, 2:45 PM EST
Don’t. Praise. The. Machine.
Mar 2, 2015, 1:48 PM EST
Hart is attempting to resurrect his career on a one-year deal as a part-timer in Pittsburgh.
Mar 2, 2015, 1:27 PM EST
Shocking, I know.
Mar 2, 2015, 11:50 AM EST
GM says “they’re not going to play him for a little while.”
Mar 2, 2015, 11:33 AM EST
Howard Johnson is right!
Mar 2, 2015, 11:19 AM EST
Detroit owes him $28 million per season through 2019.
Mar 2, 2015, 11:09 AM EST
It happened to Wynton Bernard anyway.
Mar 2, 2015, 10:47 AM EST
Since shifting to the bullpen full time in 2011 the Minnesota native has a 2.74 ERA and 286/63 K/BB ratio in 256 innings.
Mar 2, 2015, 10:15 AM EST
Axford had a 3.92 ERA and 63/36 K/BB ratio in 55 innings for the Indians last season.
Mar 2, 2015, 10:03 AM EST
At least one columnist thinks this is a big problem. Is it?
Mar 2, 2015, 9:15 AM EST
Patrick Dubuque of The Hardball Times mounts an in-depth study of the Peanuts’ Gang’s manager.
Mar 2, 2015, 8:17 AM EST
The lives of a couple of “Moneyball” players serves as a jumping off point for a good Monday morning rant.
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