Joseph W. Cotchett

In his representation of the city of San Jose in its antitrust case against Major League Baseball, Cotchett said that he is taking on the legendary U.S. Supreme Court Justice Oliver Wendell Holmes.

"Baseball is the only sport in America that has an antitrust exemption," he said. "It was written by Oliver Wendell Holmes in 1922. It has no relevancy in today's game of baseball."

At issue, San Jose filed a lawsuit in June alleging that MLB and its commissioner are violating state and federal antitrust law. City of San Jose et al v. Office of the Commissioner of Baseball et al, CV13-2787 (N.D. Cal., filed June 18, 2013).

Planning to build a stadium in its downtown area, the city wants the Athletics to relocate from Oakland. But the San Francisco Giants have territorial rights to San Jose and are fighting the A's move there.

As far as Cotchett is concerned, this restricts competition and is a violation of the law.

"It's not just about moving the A's to San Jose," he said. "Without this exemption, there would be competition. It goes right down to baseball gloves, hotdogs and beer."

Harkening back to Holmes, Cotchett said, "He was a big fan and he ruled that baseball was an exhibition game and not involved in interstate commerce. That is preposterous today."

The case is ongoing.

Cotchett also is co-lead counsel for 10 California cities and counties that are accusing five companies of creating a public nuisance by their manufacture and sale of lead paint - a particular hazard to children who live in homes built before 1978, he said. County of Santa Clara et al v. Atlantic Richfield Co. et al, (2006) 137 (Cal. App. 4th 292).

"This creates a dust pattern in the houses," Cotchett said. "Infants crawl on the floor and put the dust in their mouths. It's toxic and causes brain poisoning."

First filed in 2000, the case recently completed a bench trial in Santa Clara Superior Court.

"There are 80 lawyers at any time in the courtroom," Cotchett said. "This is 'the attorneys full employment case.' It's a disgrace, the money the paint companies have spent in trying to kill this case."

Plaintiffs are asking the court to order the defendants to either remove the lead paint, or paint over it, said Cotchett, who estimates that the abatement will cost about $1 billion.

A statement of opinion is pending.

- PAT BRODERICK