Friday, April 17, 2015
Leading off…..Roberts…..John Roberts….
For the first time in four decades, the U.S. Supreme Court will have an opportunity to reconsider baseball’s notorious exemption from antitrust law. On Wednesday, the city of San Jose, California filed an appeal with the nation’s highest court, asking it to overturn professional baseball’s nearly century-old immunity from the Sherman Antitrust Act.
The appeal is the latest step in the litigation surrounding the Oakland A’s proposed move to San Jose. Back in 2013, the city sued Major League Baseball claiming that the league’s failure to approve the A’s relocation violated federal antitrust law. The district court dismissed the lawsuit later that same year, concluding that baseball’s exemption shielded MLB’s relocation decisions from antitrust scrutiny. That decision was upheld earlier this year by the Ninth Circuit Court of Appeals.
While these lower courts were constrained by a series of Supreme Court precedents exempting baseball from the Sherman Act, the Supreme Court itself is not bound to follow the prior rulings. So San Jose is asking the Court to seize this opportunity to overturn baseball’s highly controversial antitrust immunity. Like any appeal to the U.S. Supreme Court, however, the odds that the Court will agree to take San Jose’s appeal are rather slim.
San Jose is hoping to convince the Supreme Court to take the case by arguing that baseball’s antitrust exemption is an outdated doctrine that is harming the public interest in a variety of ways. In its Petition for A Writ of Certiorari – the formal name of an appeal to the Supreme Court – the city argues that none of the original legal justifications for the exemption remain.
Monday, March 30, 2015
The Rays are one step closer to moving to Paducah, Kentucky.
ch over a minor monetary amount, with many council members taking offense that the team was not interested in negotiating in public forums.
The sticking point were any profits that might have been had if the City redeveloped a portion of Tropicana Field’s 80-acres while the team still occupied the site. Under the current agreement, the team and City split profits equally….
The Rays owner has already made two intentions very clear: that the Rays must be allowed to explore all options in Tampa Bay for their next stadium in order to have a long term solution, and that the search will begin by 2022 with or without City Council approval due to necessity. The Team and Council are at odds.
Separately, Sternberg has also said that without a new stadium, the Rays will be sold and likely moved out of Tampa Bay. By denying consideration of the amended agreement, particularly after efforts by the Rays to re-negotiate the deal to meet the Council’s concerns, means the Rays are that much closer to leaving Tampa Bay.
The team is being backed into a corner, being legally unable to search for a new stadium means the ownership’s prospects of staying long term in the area are not bright. How will that impact their pending negotiations for a new television contract?
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