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.
Sep 17, 2014, 4:51 PM EDT
After a solid first half Teixeira has batted .179 with 43 strikeouts in 42 games since the All-Star break.
Sep 17, 2014, 4:16 PM EDT
Still not as bad as his golf swing.
Sep 17, 2014, 3:53 PM EDT
Good to see MLB make the smart call and suspend Stroman for headhunting.
Sep 17, 2014, 3:30 PM EDT
The Nationals starters are getting a breather today.
Sep 17, 2014, 3:15 PM EDT
Altuve is on pace for the most hits in a season since …
Sep 17, 2014, 3:00 PM EDT
Pedants of the World Unite!
Sep 17, 2014, 2:48 PM EDT
This year he hit .264 with nine homers and a .767 OPS in 99 games, including 47 starts at catcher.
Sep 17, 2014, 2:30 PM EDT
He’ll mash lefties (hopefully) and play some first base.
Sep 17, 2014, 2:14 PM EDT
Despite playing for five different teams and in general not being particularly valuable Delmon Young is headed to the playoffs for the sixth consecutive season.
Sep 17, 2014, 1:47 PM EDT
When the Giants acquired Jake Peavy from the Red Sox in late July expectations were minimal.
Sep 17, 2014, 1:15 PM EDT
“His mindset is he wants to come back and play. Ours is, absolutely, if it can happen.”
Sep 17, 2014, 12:51 PM EDT
Jonathan Papelbon got seven games for the crotch-grab. Joe West gets one game for the Papelbon grab.
Sep 17, 2014, 12:28 PM EDT
Another day off for the Dodgers’ ailing shortstop.
Sep 17, 2014, 11:50 AM EDT
Most people either thought the O’s would lose this year or, at the very least, thought they’d win differently. Either way: they are the AL East champs.
Sep 17, 2014, 11:20 AM EDT
“Hey honey? I have some good news and some bad news . . . “
Sep 17, 2014, 10:53 AM EDT
Or, at the very least doubted his ability to turn the Orioles around.
Sep 17, 2014, 10:23 AM EDT
He has decided to add difficulty to it. Like, playing second base while sitting on his but in the infield dirt. Or starting double plays from his stomach, for example.
Sep 17, 2014, 9:40 AM EDT
Great Moments in Southern Hospitality.
Sep 17, 2014, 9:13 AM EDT
Rays pitchers have hit Yankees batters five times in the past week. Joe Girardi is sick of it.
Sep 17, 2014, 8:55 AM EDT
It’s musical chairs time in the Pacific Coast League.
- Umpire Joe West suspended for one game for his part in the Jonathan Papelbon incident 48
- And That Happened: Tuesday’s scores and highlights 81
- Jose Altuve breaks Craig Biggio’s franchise record, tallying his 211th hit of the season 12
- Orioles beat Blue Jays to clinch AL East title 38
- Tanner Roark dominates as Nationals clinch NL East 22
- Masahiro Tanaka to pitch on Sunday 11
- Astros shut down George Springer for the season 0
- The Blue Jays will make a qualifying offer to Melky Cabrera 26
- Chris Davis suspended 25 games for amphetamine use (92)
- A few thoughts about the discrimination lawsuit against the Mets (91)
- Giancarlo Stanton diagnosed with multiple facial fractures and dental damage (91)
- Bud Selig can’t remember the last domestic violence incident in Major League Baseball (88)
- A couple of initial thoughts on the Chris Davis suspension (83)