Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo
You are here > Home > Baseball Newsstand > Baseball Primer Newsblog > Discussion
Baseball Primer Newsblog
— The Best News Links from the Baseball Newsstand

Saturday, October 05, 2013

Federal Judge Holds Key Hearing in San Jose vs. MLB Lawsuit

Who cares about post-season baseball? MLB is engaging in exciting legal action this October!

Judge Whyte began the proceedings with questions about the existence and scope of baseball’s antitrust exemption. It was clear from his questions that the judge had read the motion papers and the case law in detail. He was prepared with pointed questions for both sides.

Joe Cotchett, who represents the City, addressed the court first. Cotchett argued that the U.S. Supreme Court and lower courts have narrowed the exemption significantly, and that it now covers only the “business of baseball.” Cotchett then argued that the “business of baseball” is limited to “the play on the field” and does not include matters relating to team location and relocation.

John Keker argued for MLB. He told the court that the exemption was alive and well and that the “business of baseball” includes — at a minimum — league structure and organization, franchise location, broadcast agreements, and revenue sharing….

If I were a betting woman — and I am not — I would wager that Judge Whyte will dismiss the federal antitrust claims, either based on lack of standing or the antitrust exemption, or both. I’m less sure where his thinking is on the state law claims — both on the question of his jurisdiction to decide them if he dismisses the federal claims and on the merits of the claims. It is unusual for a court to dismiss a case outright on a motion to dismiss, without providing the plaintiff an opportunity to re-state its claims in light of the court’s decision. Unusual, but not unheard of.

RoyalsRetro (AG#1F) Posted: October 05, 2013 at 02:12 PM | 2 comment(s) Login to Bookmark
  Tags: anti-trust exemption, athletics, lawsuits, legal, oakland, san jose

Reader Comments and Retorts

Go to end of page

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

   1. The Ghost's Tryin' to Reason with Hurricane Season Posted: October 06, 2013 at 01:24 AM (#4561462)
Sounds like the A's aren't going to be moving.
   2. Athletic Supporter can feel the slow rot Posted: October 06, 2013 at 01:37 AM (#4561467)
Damn that A-Rod, leaking news like this while the A's are (hopefully) beginning their playoff run.

You must be Registered and Logged In to post comments.

 

 

<< Back to main

BBTF Partner

Support BBTF

donate

Thanks to
Sheer Tim Foli
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogAs shifts suppress offense, time has come to consider a rule change
(90 - 5:07am, Jul 25)
Last: Sunday silence

NewsblogNoble: Tom Seaver expects Derek Jeter to become first unanimous Hall of Fame inductee
(50 - 4:54am, Jul 25)
Last: bunyon

NewsblogSurprising Sports Stars – Guided by Voices’ Robert Pollard
(3 - 4:44am, Jul 25)
Last: Alex meets the threshold for granular review

NewsblogYadier Molina serves his brother crackers on a plate — home plate
(43 - 3:59am, Jul 25)
Last: Sunday silence

NewsblogBucs Dugout: Manel: Pirates getting creative with defensive shifts
(8 - 3:53am, Jul 25)
Last: Sunday silence

NewsblogOTP - July 2014: Republicans Lose To Democrats For Sixth Straight Year In Congressional Baseball Game
(3027 - 3:50am, Jul 25)
Last: Joe Kehoskie

NewsblogTwitter / Ken_Rosenthal: Mariners announce acquisition of Kendrys Morales for RHP Stephen Pryor.
(16 - 3:37am, Jul 25)
Last: Jeff Francoeur's OPS

NewsblogA's designate Johnson for assignment
(20 - 3:28am, Jul 25)
Last: Sunday silence

NewsblogGoldman: Eliminating the shift a bandage for a phantom wound
(31 - 3:23am, Jul 25)
Last: Rob_Wood

NewsblogCSN: Enough is enough — time to move on from Ryan Howard
(80 - 3:16am, Jul 25)
Last: Red Menace

NewsblogFivethirtyeight: Billion-Dollar Billy Beane
(21 - 2:42am, Jul 25)
Last: Walt Davis

NewsblogOMNICHATTER: 7-24-14
(59 - 1:56am, Jul 25)
Last: Bunny Vincennes

NewsblogOT: Monthly NBA Thread- July 2014
(914 - 1:20am, Jul 25)
Last: MikeOberly

NewsblogEx-MLB star Chuck Knoblauch accused of assaulting ex-wife
(21 - 12:26am, Jul 25)
Last: Ray (RDP)

NewsblogThe Inventor of the High Five
(14 - 12:25am, Jul 25)
Last: Ray (RDP)

Page rendered in 0.1749 seconds
52 querie(s) executed