Skip to main content

CSN Bay Area

HOME  >  NEWS  >  SPORTS
Lawsuit pushes MLB into ex post facto rejection of A's proposal
Share This Post
Comments
Saturday, December 7, 2013 - 12:15pm
Follow @rattocsn

Major League Baseball’s intentions re: the Athletics and San Jose have finally been smoked out. In filing a paper with the court deciding the city’s lawsuit, MLB claimed to have rejected the A’s proposed move to San Jose back in June.

The day before San Jose filed its suit. The suit, MLB is claiming, is now invalidated because it told the A’s to cancel those rebar orders.

This comes from Michael McCann’s Sports Law Blog, and since McCann knows his legal onions, he can spot a suspicious smell when it hides in legal jargon.

But because it’s Major League Baseball, nothing is as it seems. In fact, other sources have claimed to different media members that MLB never told anyone of its rejection at all, which makes a body wonder if a rejection is filed in the woods where nobody can see it is a rejection at all.

It is important to remember two things before you wander any deeper into this thicket.

1. MLB wants the lawsuit crushed before any discovery phase – and the next hearing is this coming Friday.

2. MLB wants to make no decision whatsoever until Bud Selig’s retirement in 2015, and is only having to play this card now because the lawsuit cut in line.

What the MLB filing is really designed to do in the short-term is take the lawsuit off the table. Nothing says it cannot revisit San Jose’s alleged merits or demerits down the line, but while the suit lives, San Jose’s chances do not.

The bigger problem for the A’s, however, is time. The blue-ribbon panel/Easter Bunny/Santa Claus/sparkly unicorn consortium is 56 months into its existence without producing as much as a Kinko’s bill, but that’s just one of Bud Selig’s more contemptibly laughable fictions. He’s been asked to explain why the 28 owners who don’t have operations in the Bay Area aren’t keen on doing anything about the A’s alleged “problem,” and this is the “answer” he has decided works best.

And it works great, because every person who asks a question about the committee is missing the point as much as every person who asks about territorial rights. One does not exist in any practical reality, and the other can vanish in a moment.

In that way, the Giants are more a boogey man than the actual obstruction. MLB has taken on the war not on San Francisco’s behalf but on its own.

But back to the issue of time. Selig swears he is leaving the job in 13 months (413 days, in case you’re notching a piece of wood), and his successor will be a dramatically different operator. He (or, and this is a spectacular longshot, she) will still be the servant of the owners, but their desires re: Oakland may be more easily expressed to someone who doesn’t have a connection to A's co-owner Lew Wolff.

In addition, Wolff is nearly 80, and may not be keen to wait out his brethren much longer. He is the minority owner here to John Fisher, who is 52 but is believed to be more committed to baseball as a business proposition, and the A’s have never been worth as much on the market as they are now.

In short, there are moving parts well beyond this court filing as one searches for an end-game. There are no other civic alternatives to the Bay Area for the A’s, so the problem isn’t going away. And there is no answer to the back-burner question; “Would it be easier for the A’s to be sold for $500 million without a stadium plan or $800 million with one?”

That’s one more question that needs time to play out, and MLB is skilled at using the calendar as well as its legal shields and monetary advantages to win the day its way. The lawsuit has smoked MLB out, but only for a moment. By the time a resolution is actually achieved, a lot of current players in this argument will no longer be playing.

And only a fool would handicap a race without knowing any of the horses.

 

NBCBayArea.com

There is no data to display.

Video

49ers and WWE announce Wrestlemania in Santa Clara
Giants limited without MLB-ready prospects, extension for Sandoval?
Jackson on injury and fatigue: 'There's no excuse'
Curry: 'We have to turn the tide on how we've been playing'

Giants

Giants notes: The latest in search for a left fielder, etc.
Giants' Sabean interested in spring extension for Sandoval
Barry Zito content to surf for now, but not ready to retire
Bochy optimistic rule change to protect catchers on horizon
Read More

Athletics

A's 'turn back the clock' with Anderson trade
A's trade Brett Anderson to Rockies
Report: A's talking to Rockies about Anderson trade
Report: Orioles working on deal with Grant Balfour
Read More

Sharks

LIVE: Islanders vs. Sharks
Ex-Shark Nabokov emotional in return to Tank
Sharks aim to improve power play, stop skid vs. Isles
Blackhawks goalie Crawford out 2-3 weeks
Read More

49ers

Carradine to IR, 49ers add G from Seattle's practice squad
Report: Dolphins poaching 49ers' Thomas off practice squad
Washington's Shanahan might sit Griffin for rest of year
Panthers RB Stewart tears MCL
Read More

Raiders

McGloin will continue to start, with Pryor as accent piece
Patriots put TE Gronkowski on IR with knee injury
Scott Bair's Raiders chat transcript -- (12/10/13)
Jennings says he's cleared to play vs. Chiefs
Read More

Warriors

Warriors bench continues to shrink
NBA divisions going away?
Loss in Charlotte shows Warriors not ready to join NBA's elite
Paul, Griffin, Clippers too much for 76ers in Philly
Read More

NCAA

Winston, Manziel headline Heisman finalists
Jadeveon Clowney ticketed for driving 110 MPH
Saint Mary's runs past Eastern Washington
Washington, BYU to meet in Fight Hunger Bowl
Read More
  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • MLB Standings
  • Buy Giants Gear
  • Buy Giants Tickets
  • Amy G.
  • Insider Andrew Baggarly

Latest News

Giants notes: The latest in search for a left fielder, etc.
(7)
Andrew Baggarly

More Stories

Giants' Sabean interested in spring extension for Sandoval
(10)
Barry Zito content to surf for now, but not ready to retire
(5)
See more >

GIANTS VIDEO

Zito not retiring yet; does Giants' roster stack up to Dodgers?
Zito not retiring yet; does Giants' roster stack up to Dodgers?
See more >

GIANTS TALK

Bochy optimistic rule change to protect catchers on horizon
D'backs acquire Trumbo in three-team trade

GIANTS INSIDER

  • Judge rejects San Jose antitrust claims against MLB
  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • MLB Standings
  • Buy Athletics Gear
  • Buy Athletics Tickets

Latest News

A's 'turn back the clock' with Anderson trade
Joe Stiglich

More Stories

A's trade Brett Anderson to Rockies
(9)
Report: A's talking to Rockies about Anderson trade
See more >

A's VIDEO

Beane explains origins of Anderson trade, talks about A's depth
Beane explains origins of Anderson trade, talks about A's depth
See more >

A's TALK

Report: Orioles working on deal with Grant Balfour
Report: Orioles, Mets chasing Bartolo Colon
  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • NHL Standings
  • Buy Sharks Gear
  • Buy Sharks Tickets
  • Insider Kevin Kurz

Latest News

LIVE: Islanders vs. Sharks
CSN Bay Area staff

More Stories

Ex-Shark Nabokov emotional in return to Tank
(7)
Sharks aim to improve power play, stop skid vs. Isles
(3)
See more >

SHARKS VIDEO

McLellan: Power play was awful vs. Wild
McLellan: Power play was awful vs. Wild
See more >

Features

Blackhawks goalie Crawford out 2-3 weeks
In the Crease: Sharks host lowly Islanders

SHARKS INSIDER

  • Tigers ride Verlander to shutout win, avoid ALDS collapse
  • Leyland 'slept great' after Game 4 loss
  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • NBA Standings
  • Buy Warriors Gear
  • Buy Warriors Tickets

Latest News

Warriors bench continues to shrink
(2)
Monte Poole

More Stories

NBA divisions going away?
(8)
Loss in Charlotte shows Warriors not ready to join NBA's elite
(26)
See more >

WARRIORS VIDEO

Jackson on injury and fatigue: 'There's no excuse'
Jackson on injury and fatigue: 'There's no excuse'
See more >

Features

Paul, Griffin, Clippers too much for 76ers in Philly
Instant Replay: Curry's night wasted, Warriors lose to Bobcats

MONTE POOLE

There is no data to display.

  • PRO BASKETBALL TALK
  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • NBA Standings
  • Buy Kings Gear
  • Buy Kings Tickets

Latest News

Rudy Gay gets standing ovation from Kings’ fans (VIDEO)
ProBasketballTalk

More Stories

Cousins, Thomas, Williams lead Kings past Mavericks
(1)
It's official: Kings acquire Gay, Acy, Gray from Toronto
(4)
See more >

Watch

Williams on his career-high 31 points: 'I just wanted to be aggressive'
Williams on his career-high 31 points: 'I just wanted to be aggressive'
See more >

Features

McLemore, Kings host streaking Mavericks
Report: Kings acquire Rudy Gay from Raptors

Fantasy Hoops

  • The Daily Dose: Dose: Durant's Triple-double
  • PRO BASKETBALL TALK
  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • NFL Standings
  • Buy 49ers Tickets
  • Buy 49ers Gear
  • Insider Matt Maiocco

Latest News

Carradine to IR, 49ers add G from Seattle's practice squad
CSN Bay Area staff

More Stories

Report: Dolphins poaching 49ers' Thomas off practice squad
Washington's Shanahan might sit Griffin for rest of year
(4)
See more >

49ers VIDEO

Rogers on Buccaneers: 'Teams like that are more dangerous'
Rogers on Buccaneers: 'Teams like that are more dangerous'
See more >

WEEKLY REWIND

Rewind: 49ers win statement game against rival Seahawks
(37)
Matt Maiocco

49ers INSIDER

There is no data to display.

  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • NFL Standings
  • Buy Raiders Tickets
  • Buy Raiders Gear
  • Insider Scott Bair

Latest News

McGloin will continue to start, with Pryor as accent piece
(21)
Scott Bair

More Stories

Patriots put TE Gronkowski on IR with knee injury
(2)
Scott Bair's Raiders chat transcript -- (12/10/13)
See more >

RAIDERS VIDEO

YSTL: Marcel Reece: 'I love having the ball in my hands'
YSTL: Marcel Reece: 'I love having the ball in my hands'
See more >

WEEKLY REWIND

Raiders Rewind: Defense regresses in bad loss to Jets
(17)
Scott Bair

RAIDERS INSIDER

There is no data to display.

  • Scoreboard
  • Stats
  • Schedule
  • Roster
  • MLS Standings
  • MLS Player Leaders
  • Buy Quakes Gear
  • Buy Quakes Tickets

Top Story

Who got off easy in the World Cup draw?
Associated Press

More Stories

US to play Ghana, Portugal, Germany at World Cup
World Cup stadium in Brazil partially collapses
See more >

Watch

Earthquakes beat FC Dallas 2-1, Corrales honored
Earthquakes beat FC Dallas 2-1, Corrales honored
See more >

Shop

ANDREW BAGGARLY

Giants notes: The latest in search for a left fielder, etc.
(7)
See more >

MONTE POOLE

Warriors bench continues to shrink
(2)
See more >

MATT MAIOCCO

The 49ers can make the playoffs after this weekend, if ...
(28)
See more >

SCOTT BAIR

McGloin will continue to start, with Pryor as accent piece
(21)
See more >

KEVIN KURZ

Ex-Shark Nabokov emotional in return to Tank
(7)
See more >

CASEY PRATT

RAY RATTO

Wishing for Super Bowl XLVIII to be ruined by historic blizzard

TOP STORIES

  • A's 'turn back the clock' with Anderson trade
  • Report: A's talking to Rockies about Anderson trade
  • Report: Orioles working on deal with Grant Balfour

AFF

Enter here for the chance to win a pair of tickets to Authentic Fan Friday!

FOLLOW @CSNAUTHENTIC

@CSNAuthentic on Twitter

Facebook.com/CSNBayArea

CSN on Instagram

TEXT ALERTS

Be the first to know. Sign up for breaking news text alerts!

NCAA

Washington, BYU to meet in Fight Hunger Bowl
Florida State to face Auburn for BCS Title

MORE

  • SaberCats
  • Preps
  • Biz Ball
  • Fight Sports
  • Motor Sports
  • Golf
  • Tennis
  • Ray Ratto

 

 

TICKETS

  • Giants Tickets
  • A's Tickets
  • 49ers Tickets
  • Raiders Tickets
  • Warriors Tickets
  • Kings Tickets
  • Sharks Tickets
Curry Jersey
Giants Fitted Hat
49ers Hoodie

Mega Menu: Shop

  • Giants
  • A's Shop
  • 49ers
  • Raiders Shop
  • Warriors
  • Kings Shop
  • Sharks Shop

Mega Menu: Shop - Tickets

  • Giants Tickets
  • A's Tickets
  • 49ers Tickets
  • Raiders Tickets
  • Warriors Tickets
  • Kings Tickets
  • Sharks Tickets

Latest Videos

Rogers on Buccaneers: 'Teams like that are more dangerous'
Rogers on Buccaneers: 'Teams like that are more dangerous'
See more >

ONLINE SHOWS

  • Buster Knows Squat
  • Romo's Relief
  • Humm BB
  • Diamond Girls
  • Bullshootin'
  • Amy G.’s Exclusives
  • Learning with the Pros

TV SHOWS

  • All Videos
  • SportsNet Central
  • Yahoo! SportsTalk Live

INSIDERS

  • Ray Ratto - Senior Insider
  • Andrew Baggarly - Giants Insider
  • Matt Maiocco - 49ers Insider
  • Scott Bair - Raiders Insider
  • Kevin Kurz - Sharks Insider
  • Casey Pratt - Field of Teams
  • TV Schedule - Bay Area and California
  • Channel Locations - Bay Area
  • Channel Locations - California