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 1, 2014, 10:25 PM EDT
Carlos Gonzalez sprained his ankle last Saturday and he aggravated the injury tonight while making a sliding catch.
Aug 1, 2014, 9:27 PM EDT
John Lackey will pitch at the major league minimum next season due to a clause in his contract.
Aug 1, 2014, 8:35 PM EDT
Matt Cain hasn’t made a decision on elbow surgery, but Giants manager Bruce Bochy doesn’t expect him to pitch again this year.
Aug 1, 2014, 7:59 PM EDT
The Brewers have scratched rookie right-hander Jimmy Nelson from Saturday’s start, but it mostly looks like a convenient excuse to manipulate their rotation this weekend.
Aug 1, 2014, 7:05 PM EDT
Brett Lawrie has been sidelined since June 22 due to a broken right index finger.
Aug 1, 2014, 6:29 PM EDT
Mets right-hander Matt Harvey threw off a mound today for this first time since he underwent Tommy John reconstructive surgery on his right elbow last October.
Aug 1, 2014, 5:47 PM EDT
Henderson Alvarez has followed up last year’s no-hitter by being one of the best pitchers in the National League this season, but the Marlins have placed the 24-year-old right-hander on the disabled list with shoulder inflammation.
Aug 1, 2014, 5:19 PM EDT
Earlier this week the Royals became the fourth team to release Joe Saunders this season and the 33-year-old left-hander has already found a fifth organization, signing a minor-league deal with the Orioles.
Aug 1, 2014, 5:03 PM EDT
But the determining factor was likely the Rays’ belief that they can contend in 2015.
Aug 1, 2014, 4:46 PM EDT
James Jones has been the Mariners’ starting center fielder since making his MLB debut in mid-April, logging more than 300 plate appearances, but now the 25-year-old is headed back to Triple-A following yesterday’s trade for Tigers center fielder Austin Jackson.
Aug 1, 2014, 4:32 PM EDT
Apologies if the team you root for got a prequel logo. Braves got Boba Fett, though, so I’m happy.
Aug 1, 2014, 4:16 PM EDT
Carlos Martinez is no longer needed in St. Louis’ rotation following trades for Justin Masterson and John Lackey, but rather than shifting him back to the bullpen the Cardinals have decided to send the 22-year-old right-hander to Triple-A.
Aug 1, 2014, 4:00 PM EDT
Instant Karma’s gonna get you.
Aug 1, 2014, 3:45 PM EDT
Mike Carp reportedly requested a trade from the Red Sox last week, but after failing to find a taker before yesterday’s deadline they’ve designated him for assignment.
Aug 1, 2014, 3:40 PM EDT
We won’t really know for sure for some time, but for now let us offer knee jerk reactions!
Aug 1, 2014, 3:20 PM EDT
Tyler Skaggs exited Thursday’s start in the fifth inning with forearm tightness and now the Angels have placed the 22-year-old left-hander on the disabled list.
Aug 1, 2014, 2:40 PM EDT
Johnson saved 50-plus games in each of the previous two seasons, leading the league both years, but this season he posted a 6.92 ERA in 38 appearances for the A’s while almost immediately being stripped of closing duties.
Jose Bautista, Casey Janssen “frustrated” and “disappointed” by Blue Jays’ lack of trade deadline activity
Aug 1, 2014, 2:14 PM EDT
Toronto was 38-24 and in first place by six games on June 6, but the Blue Jays have gone 22-26 since then and general manager Alex Anthopoulos did nothing at the trade deadline yesterday.
Aug 1, 2014, 1:45 PM EDT
The Royals just had an infuriating trade deadline day.
Aug 1, 2014, 1:21 PM EDT
Spoiler alert: it doesn’t make sense.
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- Cliff Lee placed on DL with recurrence of flexor pronator strain 27
- Winners and losers at the trade deadline 45
- 2014 Trade Deadline Tracker 49
- ACES GALORE: The Rays trade David Price to the Tigers 137
- Red Sox trade John Lackey to Cardinals for Allen Craig and Joe Kelly 91
- The Lester trade is a win-win 113
- Jon Lester, Jonny Gomes heading to Oakland for Yoenis Cespedes 165
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- Jon Lester, Jonny Gomes heading to Oakland for Yoenis Cespedes (165)
- ACES GALORE: The Rays trade David Price to the Tigers (137)
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