August Hearing in San Jose Fight to Move Oakland A’s

Baseball season will be at its summertime best in mid-August when the 9th U.S. Circuit Court of Appeals plans to hear arguments from San Jose’s lawyers over its antitrust suit against Major League Baseball.

San Jose hopes to bring the Oakland A’s to San Jose but MLB said the city’s lawsuit will go nowhere because of its century-old antitrust exemption.

In an order filed Monday, the 9th Circuit set the hearing for August 12, longer than the city had planned to wait.  The city requested the court fast track arguments.

MLB won a decision by U.S. District Judge Ronald Whyte that tossed San Jose’s antitrust claims.  San Jose appealed the decision, arguing that MLB violated antitrust law by refusing to allow the A’s to move to San Jose.

San Jose has argued there are two core issues; whether San Jose has antitrust standing to sue and the reach of MLB’s antitrust exemption.

The city argues that if it wasn’t for the MLB alleged antitrust violations the A’s owners would have exercised the option to move the team to San Jose.

With the hearing date set for mid-August, it is unlikely the appeals court will rule before the end of this baseball season.

Case:  City of San Jose v. Commissioner of Major League Baseball, No. 14-15139



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