Jun 18, 2013, 4:32 PM EDT
So I’ve read over the lawsuit filed by San Jose against Major League Baseball. Initial reaction: it’s more full of crap than Bob Melvin’s office was on Sunday afternoon.
The essence of the suit: Major League Baseball is a monopoly. It should be an unlawful monopoly. This would-be unlawful monopoly is preventing the Athletics from moving to San Jose and that has caused San Jose all manner of financial harm.
Which, yes, sounds reasonable. Major League Baseball is anti-competitive and does have a monopoly that should go the way of the dodo and vaudeville for the simple reason that it serves no purpose as noble and grand as either the dodo or vaudeville did. But the suit is not anything that should pass legal muster here, and I believe it will go down in flames.
As I said in the earlier post, courts do not entertain lawsuits from parties without standing to sue and the city of San Jose hasn’t asserted anything in this complaint that persuades me that they have standing. Or that they have been damaged in any way that a court will consider worthy of redress. Broadly speaking, they have claimed that (a) they have a contract with the owners of the Oakland A’s with which Major League Baseball’s actions have interfered; and (b) that the city has incurred or will incur — note the “will” — financial damages as a result of the A’s not moving to San Jose. Let’s break those down:
The tortious interference with a contract claim: The contract claim is baed on an option agreement entered into in 2011 between the A’s owners and San Jose for the purchase of some land on which a ballpark would be built. The A’s paid San Jose $50,000 for the option. It expires this fall. If they want to keep the option open for another year it’s another $25,000. If the A’s owners were to buy the land, they can do it for between $6 million and $7 million. Nothing in the option agreement, however, promises that the A’s will actually move. It doesn’t even promise that they’ll buy the land. Just that they have the option to do so.
San Jose, however, seems to be attempting to bootstrap this option into a promise that the A’s would actually move there and that MLB’s rules preventing the A’s from moving have thus interfered with that expectation. That’s a bridge too far. A bridge longer than the Dumbarton, actually. The only guarantee San Jose gets out of that contract is $50-75K. The only thing it’s giving up is the right to sell that land for the period of the option. Major League Baseball has not stopped the A’s from paying their $50-75K.
San Jose’s insistence that more has been lost here is based on an assertion that the A’s have indicated a willingness to move to San Jose. Well, yes, they have. But they haven’t done anything to act on it yet because they know they can’t. At the minimum, I would think a court would need to have evidence that the A’s actually took a concrete step to pay San Jose $7 million for that land, to actually move to San Jose only to have had Major League Baseball stop that from happening. There is no suggestion, however, that any such evidence exists.
The financial damages: It’s all future tense. San Jose would have gotten increased tax revenue, would have gotten good paying stadium construction jobs, would have seen economic development and would have had a more healthy municipal budget had the A’s moved. Those are all speculative, prospective damages* not actual damages, and courts are not in the business of providing redress for speculative, prospective damages. Tomorrow Lew Wolff could say “you know what? I always wanted to move the A’s to Bakersfield. We’re moving to Bakersfield.” If he did that, San Jose would have no recourse. So they certainly have no recourse against Major League Baseball for preventing a speculative A’s-to-San Jose move.
*Probably also worth noting that the complaint spends a lot of time talking about all the economic benefits of ballpark development. These benefits have been largely debunked. I sorta hope this suit goes far, however, so that MLB would find itself in the odd position of having to explain how such damages are illusory, contrary to their tack for the past 25 years or so.
I think Major League Baseball’s antitrust exemption is abhorrent. I wish it were gone and think, in the right lawsuit, it could be defeated. If the A’s had filed this suit, for example, claiming that MLB is preventing them from moving and that MLB’s insistence that they stay in Oakland has caused them financial damages, I think it would have a puncher’s chance. And I’d be shaking my pompoms, cheering it on. But they didn’t file it. San Jose did. And San Jose has no legal rights that seem remotely impinged upon here.
Which, it should be worth noting, may be the idea. It’s quite possible that this suit is more a political document than a legal one, with San Jose’s mayor trying to focus attention on the languishing A’s-to-San Jose thing and to get public opinion on the side of the A’s and the city. Maybe this will do that, maybe it won’t. I’d have to know the political dynamics of the Bay Area better than I do to have an idea.
But I do think that for it to have any practical use in creating leverage it has to at least present a legal threat, and this doesn’t do that. Indeed, I think Major League Baseball is way more worried about losing its antitrust exemption than any bad PR that can come out of Oakland, so they’re likely to fight this suit until it’s dead.
Which should be quickly. Because the suit is no better than the stuff bubbling up through the Oakland Coliseum’s pipes and should be thrown out.
Apr 16, 2014, 8:01 PM EDT
Mariners right-hander Taijuan Walker had to be scratched from what was supposed to be his final minor league rehab start Tuesday at Triple-A Tacoma and he headed to Seattle on Wednesday for tests. The MRI results are in.
Apr 16, 2014, 7:13 PM EDT
Braves closer Craig Kimbrel was unavailable to pitch on Monday because of soreness in his right shoulder. But it’s apparently only a minor issue and he expects to be fine going forward.
Apr 16, 2014, 6:35 PM EDT
From James Wagner of the Washington Post comes word that Nationals outfielder Bryce Harper has been scratched from the club’s starting lineup on Wednesday night against the Marlins because of tightness in his left quadriceps muscle.
Apr 16, 2014, 6:11 PM EDT
Red Sox second baseman Dustin Pedroia is back in the starting lineup for Wednesday’s game against the White Sox after getting a cortisone shot Monday for the inflammation in his left wrist.
Apr 16, 2014, 5:04 PM EDT
The journey of a thousand miles begins with a single step.
Apr 16, 2014, 4:16 PM EDT
Cardinals right-hander Joe Kelly left today’s start against the Brewers after tweaking his hamstring trying to beat out an infield single in the sixth inning.
Apr 16, 2014, 3:59 PM EDT
That’s 28 strikeouts in his first three big league starts.
Apr 16, 2014, 3:34 PM EDT
Cueto set a career high for strikeouts as he tossed his third career shutout
Apr 16, 2014, 3:00 PM EDT
Completion is set for February 2017
Apr 16, 2014, 2:44 PM EDT
Pirates outfielder Jose Tabata just made a great catch to rob Brayan Pena of an extra-base hit, but unfortunately he slammed into an unpadded portion of the wall in Cincinnati and had to leave the game.
Apr 16, 2014, 2:33 PM EDT
You can spend all you want on a 30 year-old free agent, but be careful how much you spend on an 16-year-old prospect.
Apr 16, 2014, 2:00 PM EDT
The two most dominant pitchers in the AL face off tonight. Given their ages, their contract status and their presence in the same division, expect this to grow into a wonderful rivalry over the coming years.
Apr 16, 2014, 1:33 PM EDT
The Dodgers have an embarrassment of outfield riches.
Apr 16, 2014, 12:38 PM EDT
I don’t know the real Brian Wilson, but even if this isn’t it, remember: we are what we pretend to be.
Apr 16, 2014, 12:16 PM EDT
Nick Franklin lost his job to Robinson Cano, but now he’s headed back to Seattle.
Apr 16, 2014, 11:32 AM EDT
Kicked off by an anecdote you probably won’t believe.
Apr 16, 2014, 11:19 AM EDT
To celebrate the 25th anniversary of “Seinfeld” starting on NBC the Mets’ Single-A affiliate, the Brooklyn Cyclones of the New York-Penn League, are hosting a “Seinfeld Night” at the ballpark on July 5.
Apr 16, 2014, 10:47 AM EDT
Already down an outfielder following Josh Hamilton’s thumb injury, the Angels have placed Kole Calhoun on the disabled list after he injured his ankle last night.
Apr 16, 2014, 10:32 AM EDT
The table on which the money is placed in Seattle is going to go into the table Hall of Fame. Same Hall of Fame that has that one in New York Cliff Lee left all that money on. Underrated Hall of Fame, really.
Apr 16, 2014, 10:15 AM EDT
Hall of Famer George Brett and Lorde are buddies now, because why wouldn’t they be?
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- And That Happened: Tuesday’s scores and highlights 95
- Jose Reyes is on track to be activated Friday 11
- Dustin Pedroia given cortisone injection for sore left wrist, aiming to return Wednesday 1
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists 230
- The Red Sox are still steamed that a PED guy played against them in the playoffs last year (129)
- Doug Glanville’s story about being racially profiled at his own home (125)
- There is still a racial divide in baseball (105)
- Must-Click Link: Yasiel Puig’s harrowing journey to the United States (95)