Aug 20, 2013, 5:01 PM EDT
Alex Rodriguez‘s cousin Yuri Sucart has filed a writ with a Florida appellate court challenging the validity of Major League Baseball’s lawsuit against Biogenesis: the lawsuit which gave Major League Baseball the handle with which to turn Anthony Bosch and others as it pursued Rodriguez, Ryan Braun and other ballplayers who were alleged to have done business with the Biogenesis clinic.
Sucart is not a defendant in that lawsuit, but Major League Baseball did seek to take his deposition and sought to obtain documents and his medical records. Sucart challenged MLB’s right to do so, seeking an order from the trial court preventing the deposition from taking place. That effort was denied and now he has filed today’s writ with the Third District Court of Appeal.
The basis for the appeal, which NBC Sports.com has obtained, includes some arguments which would relate only to Sucart, such as his rights under The Health Insurance Portability and Accountability Act and his standing as a non-party to challenge the trial court’s orders. But Sucart also challenges the very foundation of the lawsuit, arguing that the trial court has no jurisdiction to hear Major League Baseball’s case at all. The reason: the dispute requires the interpretation of baseball’s Collective Bargaining Agreement in order to determine whether it was breached and state courts are forbidden from interpreting a collective bargaining agreement by operation of the Labor Management Relations Act.
Major League Baseball will have a chance to respond to Sucart’s arguments. It will likely be weeks, and possibly months, before the court rules.
Sucart’s attorney, Jeffrey Sonn of the Fort Lauderdale, Florida law firm of Sonn & Erez PLC, told NBC Sports.com that if Sucart’s challenge is successful, it not only would mean an end to the Biogenesis case, but it could make waves for player-owner relations in baseball as a whole:
“In my opinion, if the 3rd district court of appeals agrees with our premise … I think the players would have a tremendous lawsuit against baseball for violation of their due process rights and other claims for violating the collective bargaining agreement. It would be tantamount to baseball knowingly violating the players’ rights. The bottom line is if you make a deal with the players, and you don’t like the deal, go renegotiate it. Don’t run to court. Don’t trample on people’s private rights.”
Sonn went beyond the implications of this writ, however, and offered an indictment of the CBA and Joint Drug Agreement overall, saying, “The method of the CBA, which basically holds you guilty until it proves you innocent, is antithetical to our justice system in that it holds you guilty until it proves you innocent. It is un-American.”
The overarching argument may be a moot one given that the MLBPA and all of the accused players with the exception of Alex Rodriguez have gotten on board with baseball’s Biogenesis investigation, accepting their punishment. With respect to Rodriguez, the evidence Major League Baseball will use against him at his upcoming arbitration has already been obtained.
But this appeal could test Major League Baseball’s ability to aggressively pursue similar cases under the theory it employed when it filed the Biogenesis suit. And, if successful, it could render any discipline it ultimately obtains against Alex Rodriguez the product of evidence that, were the law followed and the suit not filed, would likely have never fallen into baseball’s hands in the first place.
Sep 19, 2014, 9:55 PM EDT
Jacoby Ellsbury suffered a strained right hamstring in the fourth inning on Friday night against the Blue Jays. He’ll undergo an MRI to determine the severity of the injury.
Sep 19, 2014, 9:15 PM EDT
The Angels’ rotation is thin beyond Matt Shoemaker, Jered Weaver, and C.J. Wilson, so manager Mike Scioscia may do the obvious thing and utilize a three-man rotation in the ALDS.
Sep 19, 2014, 8:35 PM EDT
There isn’t much time left in the regular season, which may mean Mets fans won’t see Juan Lagares patrol the outfield until spring training in 2015.
Sep 19, 2014, 8:02 PM EDT
Perkins, who had a 2.44 ERA as recently as August 25, finishes the season with a 3.65 ERA and 66/11 K/BB ratio in 62 innings while saving 34 games.
Sep 19, 2014, 7:50 PM EDT
Jose Bautista offended Yankees reliever Shawn Kelley with his celebratory behavior after hitting a game-tying two-run home run in the eighth inning of last night’s game.
Sep 19, 2014, 7:19 PM EDT
Get well soon, Stretch.
Sep 19, 2014, 6:55 PM EDT
Hyun-Jin Ryu didn’t throw as expected on Friday, but hopes to do so before the weekend is over. He’s hoping to return to the Dodgers in time for the playoffs.
Sep 19, 2014, 6:30 PM EDT
Los Angeles is 22-4 with Kershaw on the mound this season.
Sep 19, 2014, 6:15 PM EDT
Alex Avila felt disoriented while swinging a bat over the last two days, so he remains out of the Tigers’ lineup and it’s even worth questioning if he’ll be ready for the post-season — assuming the Tigers get there.
Sep 19, 2014, 5:50 PM EDT
Ryan Zimmerman has been out since mid-July with a hamstring injury.
Sep 19, 2014, 4:31 PM EDT
Basically, we want everyone in the NL to finish with 88 wins.
Sep 19, 2014, 4:19 PM EDT
Konerko has hit just .220 with five homers and a .616 OPS in 74 games.
Sep 19, 2014, 3:30 PM EDT
What do you get the man who has everything? A bronzed version of the stuff he already has!
Sep 19, 2014, 3:15 PM EDT
He has two years remaining on a three-year, $26 million contract.
Sep 19, 2014, 3:00 PM EDT
Because if Clayton Kershaw needs anything, he needs a bunch of run support.
Sep 19, 2014, 2:48 PM EDT
Kevin Gauzman has been fantastic for the Orioles, posting a 3.57 ERA with just five homers allowed in 18 starts as a 23-year-old rookie.
Sep 19, 2014, 2:30 PM EDT
If you have to haze, at least get some coffee out of the deal.
Sep 19, 2014, 2:14 PM EDT
After homering seven times in his first 19 games Cubs rookie Javier Baez has gone deep just twice in his last 24 games while hitting .146 with 44 strikeouts.
Sep 19, 2014, 2:00 PM EDT
Baseball is making a more formal commitment to oversight in international talent development.
Sep 19, 2014, 1:47 PM EDT
449 feet off Addison Reed.
- Clayton Kershaw wins his 20th game of the season 6
- Why are so many people acting like Bryce Harper is a bum? 75
- It certainly looks like Barry Bonds’ criminal conviction is going to be overturned 77
- And That Happened: Thursday’s scores and highlights 70
- VIDEO: Derek Jeter hits first home run at Yankee Stadium this season 11
- Ron Washington claims he resigned because he cheated on his wife 102
- No, baseball does not need to “announce a domestic violence policy ASAP” 52
- And That Happened: Wednesday’s scores and highlights 48
- Geddy Lee’s baseball obsession makes it really hard for me to hate Rush (105)
- Ron Washington claims he resigned because he cheated on his wife (102)
- And That Happened: Tuesday’s scores and highlights (83)
- Umpire ejects jackwagon fan heckling Bryce Harper in Atlanta last night (82)
- Jonathan Papelbon blows save, gets ejected for making rude gesture at booing crowd (77)