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.
Aug 29, 2014, 12:26 PM EDT
Could one or both of them be gone before the 2015 season begins?
Aug 29, 2014, 12:00 PM EDT
Afterwards, the pitching machine talked about wanting to work on his offspeed stuff because all big league hitters can turn on a fastball.
Aug 29, 2014, 11:30 AM EDT
An addendum to yesterday’s post.
Aug 29, 2014, 10:49 AM EDT
The AL it’s clear cut because there is a monster candidate. In the NL it’s because one guys is the least bad of many bad options.
Aug 29, 2014, 10:03 AM EDT
Commandment Number One of being a professional athlete: don’t let anyone know you’re not a fan of your team’s city.
Aug 29, 2014, 9:31 AM EDT
Which, in all likelihood, will be his last start for the Cardinals this year.
Aug 29, 2014, 8:47 AM EDT
A big housing unit for the Big Unit.
Aug 29, 2014, 7:35 AM EDT
And an ice cream sandwich — used for taunting purposes — was involved.
Aug 29, 2014, 6:58 AM EDT
Yet another protested game in a week full of protests. This one isn’t going anywhere, though.
Aug 28, 2014, 11:02 PM EDT
Herrera, who was acquired from the Pirates in the Marlon Byrd deal last August, was batting .340/.406/.560 with 10 homers and 48 RBI over 61 games in Double-A this season.
Aug 28, 2014, 10:21 PM EDT
Outman had a 3.28 ERA and 24/16 K/BB ratio over 24 2/3 innings with the Indians this season.
Aug 28, 2014, 9:42 PM EDT
Every time Alex Gordon steps to the plate at Kauffman Stadium these days, fans chant, “M-V-P, M-V-P,” which is fascinating on so many levels.
Aug 28, 2014, 8:57 PM EDT
Vic Black has emerged as an effective late-inning bridge for the Mets this season, but now he’s headed to the 15-day disabled list with a herniated disk in his neck.
Aug 28, 2014, 8:05 PM EDT
The expectation is that Castillo will get some major league experience in September.
Aug 28, 2014, 7:09 PM EDT
Gomes suffered the concussion last Thursday when he was hit in the catcher’s mask by a deflected ball.
Aug 28, 2014, 6:20 PM EDT
The struggling Wright hasn’t played since leaving Sunday’s game with neck spasms.
Aug 28, 2014, 5:47 PM EDT
Nolan Reimold has been claimed off waivers for the second time in a month, going from the Orioles to the Blue Jays and now to the Diamondbacks.
Aug 28, 2014, 5:17 PM EDT
This is just sad.
Aug 28, 2014, 5:01 PM EDT
It’s five o’clock. Let’s end the work day with a big bunch of arguing, ok?
Aug 28, 2014, 4:52 PM EDT
There was no perfect game involved and in fact the 46 batters stretched over the course of eight appearances. Mark Buehrle held the previous record of 45 back in 2009.
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