Aug 20, 2013, 5:01 PM EST
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.
Feb 1, 2015, 1:13 PM EST
Stefan Stevenson of the Fort Worth Star-Telegram reports that Harrison has put off moving his throwing program from 90 feet to out 105 feet because he is experiencing tightness in his right hip.
Feb 1, 2015, 11:58 AM EST
Nick Cafardo of the Boston Globe writes in his weekly Sunday notes column that Seahawks quarterback Russell Wilson — who’s getting set to take on the Patriots in Super Bowl XLIX tonight on NBC — is planning to spend some time in camp this spring with the Texas Rangers.
Feb 1, 2015, 10:32 AM EST
The 37-year-old will likely have to settle for a minor league contract. He’d then have to earn a roster spot.
Feb 1, 2015, 9:05 AM EST
Here is some great video from Ernie Banks’ memorial service Saturday in Chicago …
Jan 31, 2015, 11:25 PM EST
Meghan King Edmonds and Katie Chadwick Hamilton, the wives of Jim and Josh respectively, will appear on the tenth season of The Real Housewives of Orange County.
Jan 31, 2015, 10:40 PM EST
Brandon Workman will enter spring training as a reliever, attempting to grab a scarce spot at the back of the Red Sox bullpen.
Jan 31, 2015, 9:50 PM EST
The Padres are still interested in Phillies ace Cole Hamels, though they may not be able to put together an enticing enough deal to attain him.
Jan 31, 2015, 9:00 PM EST
The Braves may have pawned off many of their productive players, but Freddie Freeman still thinks they’ll compete in 2015.
Jan 31, 2015, 8:10 PM EST
Jayson Werth signed an inmate handbook for someone during his stay in jail in Fairfax, Virginia.
Jan 31, 2015, 7:10 PM EST
Ernie Banks, who played 19 seasons in the major leagues, made an enormous impact on the game of baseball. That has been evident in the wonderful stories that have been shared over the last week.
Jan 31, 2015, 6:05 PM EST
The Rays added some depth, signing reliever Ronald Belisario on Saturday. It appears they’ll be adding infielder Alexi Casilla as well.
Jan 31, 2015, 5:30 PM EST
Baxter appeared in four games with the Dodgers last season and owns a .225/.331/.342 batting line in the majors. He’ll always be aces with Mets fans, though.
Jan 31, 2015, 4:39 PM EST
Richards emerged as one of the best pitchers in the American League last season before tearing his left patellar tendon in August.
Jan 31, 2015, 4:11 PM EST
Hendrickson turned 40 last June and hasn’t pitched in the majors since 2011, but he still hopes to continue his playing career.
Jan 31, 2015, 3:15 PM EST
Padres general manager A.J. Preller has been very active on the trade front this offseason, but he might not be done yet.
Jan 31, 2015, 2:05 PM EST
Orioles slugger Chris Davis was on hand for the team’s annual FanFest today and opened up about the 25-game Adderall suspension which put an end to his disappointing 2014 campaign and left him on the sidelines during the playoffs.
Jan 31, 2015, 12:40 PM EST
The Brewers remain in the market for a closer, but trade talks for Papelbon don’t have much momentum at the moment.
Jan 31, 2015, 11:25 AM EST
Aardsma pitched exclusively in the Cardinals minor league system last year, but he’s hoping to get back on the radar in 2015.
Jan 31, 2015, 10:10 AM EST
While MLB still needs to give their approval, it appears that Cuban infielder Yoan Moncada is one step closer to finally signing with a team.
Jan 31, 2015, 8:56 AM EST
Buxton repeats as MLB.com’s top prospect despite an injury-plagued 2014.
- Someone apparently got Jayson Werth’s autograph in jail 18
- Chris Davis opens up about his Adderall suspension: “It was a moment of weakness” 55
- MLB.com names Byron Buxton as baseball’s top prospect for second straight year 42
- Yasiel Puig says the Cardinals are the Dodgers’ “principal rivals,” not the Giants 103
- Jayson Werth to serve five days in jail for reckless driving 48
- Keith Law’s top 100 prospects list is out 39
- Great Moments in Media Arrogance: Marshawn Lynch edition 173
- Nationals sign former Blue Jays closer Casey Janssen 11
- Great Moments in Media Arrogance: Marshawn Lynch edition (173)
- Rob Manfred, new Major League Baseball commissioner, suggests ban on defensive shifts (118)
- Yasiel Puig says the Cardinals are the Dodgers’ “principal rivals,” not the Giants (103)
- Why “Deflategate” would never happen in baseball (96)
- The Yankees are going to try to get out of paying A-Rod his contract incentives (85)