Battle to move A's to San Jose goes to Federal Appeals court

Battle to move A's to San Jose goes to Federal Appeals court
August 12, 2014, 7:00 pm
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They don't have the A's, they don't have a team, they don't have a stadium. They don't have any indication that a stadium is going to be built with private money.
John Keker, MLB's attorney, on City of San Jose

The City of San Jose continued its uphill battle to bring the Oakland Athletics to the South Bay by taking its case to a federal appeals court in San Francisco on Tuesday.

A ruling can come down at any time, but is expected to be released in about a month. The city's chances of landing the Major League Baseball team may be falling short after at least two members of a three-judge panel questioned whether San Jose had the legal standing to file a lawsuit.

"I'm saying where is the anti-trust injury if there's no indication that San Jose suffered a loss?" Judge Richard Clifton said.

San Jose's lead attorney used props in court, trying to convince the panel that MLB's refusal to let the Oakland A's move to San Jose violates federal anti-trust laws.

"Can baseball decide that everything from this jacket to this ball and this glove -- can they monopolize that, if you will?" San Jose's attorney Joseph Cotchett asked the panel of judges.

But an attorney for MLB cited a 1922 Supreme Court anti-trust ruling and argued San Jose had no standing to file the lawsuit in the first place.