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MLB is still using its bogus civil suit against Anthony Bosch to collect evidence

Jun 27, 2013, 8:22 AM EDT

Philadelphia Phillies v Atlanta Braves Getty Images

Most of you will say that all is fair when steroids are involved, but it’s still worth pointing out that MLB’s civil lawsuit against Anthony Bosch and Biogenesis — a suit which has basically zero legal merit and which isn’t really a contested lawsuit given that Bosch and MLB are now working together — is still active. And MLB is using it to discover evidence in its investigation of the Biogenesis players.

The latest: A-Rod’s famous cousin, Yuri Sucart, was in court yesterday challenging MLB’s right to take his deposition in the case. The Miami Herald reports on it. The upshot: Cousin Yuri argued that the state court lawsuit is invalid as a means of MLB vindicating its rights under the Collective Bargaining Agreement (remember: the suit is for alleged interference with that contract) because the Collective Bargaining Agreement is governed by federal law. The judge actually suggested that this argument is valid, but said that as a non-party Sucart can’t challenge it so he’ll have to appear at a deposition.

The judge also wondered why none of the actual defendants — like Tony Bosch — are challenging the suit on those grounds. Well, the answer is simple: it’s an essentially fake, non-contested lawsuit in which the primary defendants are  now on the same side as the plaintiffs so of course they’re not going to challenge it. It’s a sham and it should not exist, but no one seems to care.

We talked last week about the gloves-off, get-tough nature of MLB’s investigation. Whatever you think of that, let us not forget that part of it involves the misuse of the court system in an effort to handle its employee discipline and public relations problems.

  1. chacochicken - Jun 27, 2013 at 8:55 AM

    6-27-13 RIP American Justice system. She had a great run, huh? No, seriously if wealthy individuals and institutions (say the kind that are anti-trust exempt for example) can’t buy legal weight then what good is all that money anyway? No double serious, I can clearly picture Bud rubbing his hands together, laughing manically, and saying “I’ll get that Ryan Braun this time and nothing can stop me! Nothing!” And then he takes a nap in his office.

    • bigharold - Jun 27, 2013 at 1:41 PM

      “Bud rubbing his hands together, laughing manically, and saying “I’ll get that Ryan Braun this time and nothing can stop me! Nothing!”

      It has a certain Snidely Whiplash quality to it when you present it that way.

  2. unclemosesgreen - Jun 27, 2013 at 10:01 AM

    MLB is like a giant ravenous tick perched on top of Miami. It’s not enough to rob Miami-Dade County of its’ bed tax money for the next 30 years – no – now MLB is wasting taxpayer money on this frivolous fishing expedition of a lawsuit.

    The parasitic used car salesman has to go.

  3. 161andriver - Jun 27, 2013 at 10:18 AM

    This is a giant, huge, humongous, ginormus waste of time and money. Does the MLB think they’re going to root out all cheaters and make an example of the big names to prevent anyone from using illegal substances again? No way that happens. Even if they are able to follow through with this, and suspend these guys for 50 or 100 games, what will it do? There will always be another drug, another treatment. They’d be better off spending their resources on catching guys in the future. Stick to testing and punishing based on that instead of this ridiculous dog and pony show.

  4. daveitsgood - Jun 27, 2013 at 10:24 AM

    But does this stand up to the legal principle of the argle bargle standard?

  5. Francisco (FC) - Jun 27, 2013 at 11:07 AM

    Cousin Yuri should have used the Chewbacca defense.

  6. mvp43 - Jun 27, 2013 at 12:29 PM

    Way to go MLB….. sink as low as the people you’re trying to nab.

  7. 13arod - Jun 27, 2013 at 2:15 PM

    If MLB baseball will let the FBI take over it would be Over way earlier then MLB

  8. anxovies - Jun 27, 2013 at 9:24 PM

    Perhaps Sucart should intervene in the lawsuit and become a party under the grounds that he expressed in his opposition to the deposition. In most states this doesn’t even require a filing fee and it would be no more bogus than the lawsuit itself.

  9. banpeds - Jun 27, 2013 at 9:41 PM

    Stop defending the Cheating Ball players. MLB already has more that it needs to suspend all the players it believes cheated. The lawsuit was/is a means to enhancing thier evidence. It will be only a matter of time before MLB drops the entire lawsuit. If you have no idea how many people and players have already been deposed or have already cooperated voluntarily, stop pretending you know law. Its well over 45 people/players so far, with over 25 already deposed through the legal process. I suppose the next argument will be they are all lying….

    • churchoftheperpetuallyoutraged - Jun 28, 2013 at 12:43 PM

      stop pretending you know law. Its well over 45 people/players so far, with over 25 already deposed through the legal process. I suppose the next argument will be they are all lying….

      Craig is a former practicing attorney. Almost 100% positive he knows more about the law than you do.

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