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 of Sox Fans Past Posted: October 06, 2013 at 01:24 AM (#4561462)
Sounds like the A's aren't going to be moving.
   2. Athletic Supporter wants to move your money around 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

News

All News | Prime News

Old-School Newsstand


BBTF Partner

Support BBTF

donate

Thanks to
1k5v3L
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogOT - 2017 NFL thread
(139 - 6:22pm, Oct 18)
Last: zenbitz

NewsblogOTP 16 October 2017: Sorry, Yankee fans: Trump’s claim that he can ensure victory simply isn’t true
(1076 - 6:19pm, Oct 18)
Last: Joe Bivens Will Take a Steaming Dump

NewsblogLCS OMNICHATTER for October 18, 2017
(23 - 6:17pm, Oct 18)
Last: Satan Says

NewsblogThe story behind Los Angeles Dodgers utility man Chris Taylor's unbelievable season
(13 - 6:16pm, Oct 18)
Last: Omineca Greg

NewsblogDo the Cubs realize how badly the Dodgers insulted them on national TV? - Chicago Tribune
(30 - 6:03pm, Oct 18)
Last: Joyful Calculus Instructor

NewsblogYankees even ALCS with late rally vs. Astros | MLB.com
(92 - 5:56pm, Oct 18)
Last: Heart of Matt Harvey

NewsblogOT - NBA 2017-2018 Tip-off Thread
(314 - 5:12pm, Oct 18)
Last: madvillain

NewsblogMemes roast Astros after unexpected loss to New York Yankees - Houston Chronicle
(6 - 5:11pm, Oct 18)
Last: madvillain

NewsblogOT: New Season August 2017 Soccer Thread
(1161 - 5:02pm, Oct 18)
Last: aberg

NewsblogAfter Yasiel Puig tried and failed to avoid Javy Baez's tag, Baez teased him and they both laughed | MLB.com
(29 - 4:41pm, Oct 18)
Last: Perry

NewsblogDodgers aren’t showing any shortcomings even without Corey Seager | LA Times
(11 - 4:34pm, Oct 18)
Last: Walt Davis

Gonfalon CubsFive minute Los Angeles Dodgers Preview
(59 - 4:14pm, Oct 18)
Last: Optimistic Moses Taylor, optimist

NewsblogDodgers Dugout: Andre Ethier is there when the Dodgers need him - LA Times
(3 - 3:55pm, Oct 18)
Last: Joyful Calculus Instructor

NewsblogEXPANSION COULD TRIGGER REALIGNMENT, LONGER POSTSEASON
(115 - 2:42pm, Oct 18)
Last: Wahoo Sam

Gonfalon CubsFive minute Washington National Preview
(180 - 1:42pm, Oct 18)
Last: ERROR---Jolly Old St. Nick

Page rendered in 0.1856 seconds
47 querie(s) executed