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.
Jul 24, 2014, 11:19 PM EDT
The Yankees are reportedly considering a reunion with right-hander Ian Kennedy.
Jul 24, 2014, 11:18 PM EDT
Jonathan Papelbon was booed by Phillies fans this afternoon, but it didn’t bother him. In fact, he says bring it on.
Jul 24, 2014, 10:20 PM EDT
Chad Qualls quietly owns a 1.78 ERA this season. The Astros are reluctant to deal him.
Jul 24, 2014, 9:25 PM EDT
Astros left-hander Dallas Keuchel tossed a baseball to a heckler during today’s game against the Athletics. And the ball contained a clever message.
Jul 24, 2014, 8:30 PM EDT
When the Astros failed to agree to terms with No. 1 overall pick Brady Aiken earlier this month, many speculated that the next step would be a grievance against the team from the MLBPA. That’s exactly what has happened.
Jul 24, 2014, 7:35 PM EDT
The Mariners brought back Kendrys Morales in a deal with the Twins today, but they aren’t done attempting to upgrade.
Jul 24, 2014, 7:09 PM EDT
The Phillies appear ready to move on from Ryan Howard.
Jul 24, 2014, 6:31 PM EDT
Yankees general manager Brian Cashman continues to stay busy.
Jul 24, 2014, 6:13 PM EDT
Zach Putnam has had a share of the closer role with the White Sox in recent weeks, but now he’s headed to the 15-day disabled list due to right shoulder inflammation.
Jul 24, 2014, 5:47 PM EDT
Before the injury Correa was having an excellent season, hitting .325 with 20 steals in 62 games at high Single-A as a 19-year-old.
Jul 24, 2014, 5:32 PM EDT
It’s been bad in Philly. Is it starting to get ugly?
Jul 24, 2014, 5:10 PM EDT
Yankees ace Masahiro Tanaka is supposed to rest for six weeks before doctors determine if he needs Tommy John elbow surgery, but 10 days into the process things aren’t going well.
Jul 24, 2014, 4:49 PM EDT
Jul 24, 2014, 4:20 PM EDT
Frank Thomas is headed to the Hall of Fame thanks to his legendary batting eye.
Jul 24, 2014, 3:45 PM EDT
Everyone has a gift. This is my gift. I shall now share it with you.
Jul 24, 2014, 3:30 PM EDT
According to K-HOU television in Houston the 46-year-old Knoblauch has been charged with assault of a family member, Cheri Knoblauch, whom he divorced in 2012.
Jul 24, 2014, 2:51 PM EDT
Kendrys Morales had a good first week for the Twins after sitting out the first two months of the season and then signing a one-year, $7.5 million deal in June, but he’s been horrendous since then while hitting .209 with one homer and a .524 OPS in 33 games.
Jul 24, 2014, 2:49 PM EDT
Well, it was fun while it lasted.
Jul 24, 2014, 2:44 PM EDT
Dan Haren finished last season strong for the Nationals, signed a one-year, $10 million deal with the Dodgers this offseason, and got off to a nice start in Los Angeles.
Jul 24, 2014, 2:00 PM EDT
And it provides us with an opportunity to think about what it means to be a Hall of Fame manager.
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