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.
Oct 20, 2014, 8:31 PM EDT
Choate posted a 4.50 ERA over 61 appearances this season, but he held left-handed batters to an .093/.205/.147 batting line.
Oct 20, 2014, 7:40 PM EDT
Bogar served as former manager Ron Washington’s bench coach and then went 14-8 as interim manager for a team that had been horrible until that point.
Oct 20, 2014, 7:16 PM EDT
The Yankees aren’t hiring Dave Magadan as hitting coach, but he could be the favorite for the A’s job after Chili Davis left for the Red Sox.
Oct 20, 2014, 6:23 PM EDT
Royals manager Ned Yost chose Jason Vargas over James Shields to start Game 4 of the ALCS and now we know one factor that played into the decision: Shields was busy passing a kidney stone.
Oct 20, 2014, 6:13 PM EDT
Following in the footsteps of fellow MLB players Robinson Cano, CC Sabathia, and his teammate and countryman Rusney Castillo, Red Sox outfielder Yoenis Cespedes will now be represented by Jay Z’s Roc Nation Sports.
Oct 20, 2014, 5:17 PM EDT
Hudson revealed during today’s media session that the Royals actually made him a “very good offer.”
Oct 20, 2014, 5:09 PM EDT
Wanna buy the Royals’ recyclables?
Oct 20, 2014, 4:48 PM EDT
He was determined to leave the A’s either way.
Oct 20, 2014, 4:33 PM EDT
Someone asked Sergio Romo what country he’s from at media day today. Last I checked, California was still part of the United States.
Oct 20, 2014, 4:16 PM EDT
Morse has yet to start a game in the playoffs, but he hit .279 with 16 homers and an .811 OPS in 131 games during the regular season to rank second on the team in OPS behind only Buster Posey.
Oct 20, 2014, 3:40 PM EDT
Jay played through the injury since July, yet he hit .325 in August and September before going 14-for-29 (.483) in the postseason.
Oct 20, 2014, 3:00 PM EDT
Because it is unheard of for Yankees players to have outside interests.
Oct 20, 2014, 2:48 PM EDT
Keller spent 16 total seasons coaching in the Yankees organization, the last six of which have been on the MLB staff.
Oct 20, 2014, 2:14 PM EDT
“Taijuan is completely healthy and was very impressive in his two outings, but made a personal decision that he needed to return home at this time.”
Oct 20, 2014, 2:00 PM EDT
Every time there’s a bad call, Don Denkinger’s name gets mentioned. Now that the Royals are in the World Series, it’ll be mentioned more.
Oct 20, 2014, 1:47 PM EDT
His overall numbers, while not as ridiculously amazing as 2013, included a 2.52 ERA and 80/8 K/BB ratio in 64 innings.
Oct 20, 2014, 1:15 PM EDT
Oakland is looking to replace Chili Davis.
Oct 20, 2014, 12:45 PM EDT
This former Royals is a big part of why the current Royals are where they are.
Oct 20, 2014, 12:12 PM EDT
The second baseman, that is, not the Marlins pitcher.
Oct 20, 2014, 11:38 AM EDT
College and Major Leagues, that is.
- HBT Daily: How the Royals and Giants were built 4
- Two radio stations in San Francisco are refusing to play Lorde’s “Royals” during the World Series 38
- Royals tab James Shields, Yordano Ventura to start first two games of World Series 1
- Brian Roberts is retiring 13
- So, if you’re not a fan of the Royals or Giants, who ya got? 119
- Video: Watch Travis Ishikawa’s pennant-winning homer 13
- Travis Ishikawa sends Giants to World Series on walk-off three-run homer 79
- NLCS, Game 5: Cardinals vs. Giants lineups 30
- So, if you’re not a fan of the Royals or Giants, who ya got? (119)
- Pedro Martinez has some opinions about who the new “face of baseball” is (102)
- “The Kansas City Royals Are the Future of Baseball” — someone actually said that. (93)
- Andrew Friedman leaving the Rays to take over as Dodgers President of Baseball Operations (83)
- Quit making a big deal out of anomalies. Most of what happens is meaningless. (82)