MLB filed its initial response in the Ninth Circuit’s antitrust case. The general thrust of MLB’s argument hasn’t changed. They still argue that San Jose doesn’t have standing against baseball because of the flimsiness of the option agreement between San Jose and the A’s and because the sport’s antitrust exemption allows baseball to act however it likes regarding franchise relocation.
A wrinkle was added, in that MLB filed a Motion to take Judicial Notice of the ongoing Stand for San Jose-vs.-City of San Jose case (in Santa Clara County Superior Court). In this motion, MLB points out that the next court date for that case is on August 8, with the deadline for the opening brief set for May 14. Baseball argues that if the option agreement is considered invalid by the lower court, San Jose will lack standing in the bigger case.
If you’re following all of the legal meanderings, you may have noticed that the federal and appeals court proceedings have gone much faster than the county court’s. Much of that is procedural, as the S4SJ group has launched two lawsuits only to have them combined, while San Jose has tried to smoke out the SF Giants as the real instigators of the lawsuit. The important thing is that 8/8 will be the date that the court decides the validity of the option agreement, which could make or break a large part of San Jose’s case.
For its part, San Jose has maintained that the option agreement is completely valid, arguing that baseball’s refusal to allow the move has caused economic damage to the City. Joe Cotchett has repeatedly said that he’d love to take MLB all the way to the Supreme Court regardless of what happens in the lower courts. In an interview with KCBS Radio, he cited the Ninth Circuit’s approval of an expedited appeal as a positive for San Jose. MLB had previously filed a motion against an expedited appeal.
The circular arguments we see related to the case are enough to make one’s head spin. For instance, this from MLB’s reply brief:
In sum, San José uses speculative 30-year and 50-year models of the local economy to seek billions of dollars of damages, all before trebling. This sort of “Economic Impact Analysis” may be appropriate for municipal planning and decisionmaking, but it is far too speculative and judicially unmanageable to create standing for a multi-billion dollar antitrust claim.
Strange that such claims are perfectly fine for baseball when they’re selling a ballpark to a City, but not good enough when being threatened by a lawsuit.
I’d love to able to tell you that all of these legal hijinks will wrap up in a neat, tidy way. But we all know that the loser(s) will inevitably appeal, adding more months and years onto this saga.