Skip to content

A-Rod’s cousin, Yuri Sucart, files an appeal challenging Major League Baseball’s Biogenesis lawsuit

Aug 20, 2013, 5:01 PM EDT

lawsuit gavel

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.

Latest Posts
  1. Corey Kluber is miffed he didn’t get to throw warmup pitches during a replay review

    Aug 28, 2014, 8:23 AM EDT

    Corey Kluber Getty Getty Images

    He feels like the current rules make a pitcher guess as to how long the replay review will last and thus force him to gamble on whether or not to throw warmup pitches.

  2. And That Happened: Wednesday’s scores and highlights

    Aug 28, 2014, 6:55 AM EDT

    Clayton Kershaw Getty Images

    Every fifth day I wake up in the morning and see another impressive Clayton Kershaw pitching line.

  3. Xander Bogaerts cleared to return from the 7-day concussion disabled list on Saturday night

    Aug 27, 2014, 11:27 PM EDT

    xander bogaerts getty Getty Images

    Red Sox shortstop Xander Bogaerts has passed MLB’s concussion protocol and will return from the 7-day disabled list this Saturday night.

  4. Video: Andrelton Simmons protects the Braves’ late lead with an amazing play at shortstop

    Aug 27, 2014, 10:23 PM EDT

    andrelton simmons getty Getty Images

    Andrelton Simmons kept the Braves’ late lead intact with this ridiculous play Wednesday night against the Mets …

  5. Manny Machado undergoes season-ending knee surgery

    Aug 27, 2014, 9:48 PM EDT

    manny machado getty Getty Images

    Orioles infielder Manny Machado underwent successful surgery Wednesday to repair a partially-torn ligament in his right knee.

  6. David Price surrenders nine consecutive hits to the Yankees in the worst start of his career

    Aug 27, 2014, 9:45 PM EDT

    david price getty Getty Images

    The Tigers entered play Wednesday night trailing the Royals by 1 1/2 games in the American League Central standings and were hoping to get another strong start from trade deadline acquisition David Price, who tossed eight innings of one-run ball last week in Tampa Bay. Price did not come through.

  7. Tigers’ retirement gifts for Derek Jeter: a set of old Tiger Stadium seats and three paintings

    Aug 27, 2014, 8:59 PM EDT

    derek jeter getty Getty Images

    Derek Jeter’s retirement tour continued Wednesday night at Detroit’s Comerica Park with another set of gifts …

  8. Video: Jorge Soler homers in his first major league at-bat

    Aug 27, 2014, 8:05 PM EDT

    jorge soler getty Getty Images

    Watch as Cubs top outfield prospect Jorge Soler goes deep to left-center field in his first major league at-bat Wednesday evening at Great American Ball Park in Cincinnati …

  9. Michael Wacha to make first rehab start Sunday with the Double-A Springfield Cardinals

    Aug 27, 2014, 7:18 PM EDT

    wacha getty Getty Images

    From Brian Stull of STL Baseball Weekly comes word that Michael Wacha has been cleared to begin a minor league rehab assignment Sunday with the Double-A Springfield Cardinals. Wacha threw a simulated game at Springfield on Wednesday afternoon and reported no issues with his shoulder.

  10. Rockies place Wilin Rosario on the disabled list

    Aug 27, 2014, 6:24 PM EDT

    wilin rosario getty Getty Images

    Rockies catcher Wilin Rosario continues to battle with inflammation in his left wrist and was officially placed on the 15-day disabled list Wednesday evening.

  11. Adam Wainwright has a “dead arm”

    Aug 27, 2014, 4:30 PM EDT

    Wainwright

    Which, despite the name of it, usually isn’t as serious as a lot of other stuff that can afflict pitchers.

  12. Yankees sign Mets castoff Chris Young

    Aug 27, 2014, 4:16 PM EDT

    chris young getty Getty Images

    Young signed a one-year, $7.25 million deal with the Mets this offseason in the hopes of building back his value before hitting the free agent market again, but instead he hit just .205 with eight homers and a .630 OPS in 88 games.

  13. Royals demote Aaron Crow to Double-A

    Aug 27, 2014, 3:45 PM EDT

    Aaron Crow AP

    Crow was an All-Star in 2011 and has a 3.35 ERA in 226 career innings through age 26, including a 3.86 ERA in 59 appearances this season.

  14. David Ortiz is back in the Red Sox’s lineup

    Aug 27, 2014, 3:18 PM EDT

    David Ortiz AP

    In the 10 games prior to the injury Ortiz hit .515 with four homers, three doubles, and a 1.606 OPS while the Red Sox went 2-8.

  15. Jury awards Jose Offerman’s bat attack victim $940,000

    Aug 27, 2014, 3:05 PM EDT

    Jose Offerman AP AP

    Offerman ended a man’s career by hitting him with a bat. Now he has to pay for it.

  16. Yonder Alonso needs surgery to “re-attach a ruptured tendon to the bone”

    Aug 27, 2014, 2:21 PM EDT

    yonder alonso getty Getty Images

    Alonso is arbitration eligible for the first time this offseason coming off a career-worst season in which he hit just .240 with seven homers and a .682 OPS in 84 games.

  17. Great Moments in Drug Testing and Punishment: The NFL Edition

    Aug 27, 2014, 1:30 PM EDT

    marijuana

    The league that has no HGH testing and never gets criticized for its drug policies, has suspended a guy for a year for using a substance that is legal in two of the 22 states in which the NFL operates.

  18. Mark Appel had the best start of his pro career last night

    Aug 27, 2014, 1:13 PM EDT

    Mark Appel AP AP

    Astros prospect Mark Appel was terrible at Single-A and then there was a weird quasi-controversy about him throwing a bullpen session in Houston, but now the former No. 1 overall pick is thriving at Double-A.

Featured video

Alex Gordon, MVP candidate
Top 10 MLB Player Searches
  1. R. Castillo (4683)
  2. Y. Molina (2656)
  3. D. Ortiz (2587)
  4. J. Soler (2526)
  5. M. Cuddyer (2121)
  1. Y. Darvish (2022)
  2. M. Machado (2022)
  3. B. Colon (2015)
  4. R. Cano (1977)
  5. S. Doolittle (1909)