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 28, 2015, 8:57 AM EST
It will be his first game action since last July 31.
Feb 27, 2015, 11:04 PM EST
The Rangers will shut down Edgar Olmos days after picking him up on a waiver claim from the Mariners.
Feb 27, 2015, 10:55 PM EST
Eury Perez is the early favorite to take over in center field while Melvin Upton recovers from a foot injury.
Feb 27, 2015, 10:05 PM EST
New Twins manager Paul Molitor cracked down on electronics usage in his first address to the full squad at spring training.
Feb 27, 2015, 9:10 PM EST
Ryan Howard had his first full healthy season since 2011 and both GM Ruben Amaro, Jr. and guest instructor Dan Plesac thought he looked like he was in very good shape.
Feb 27, 2015, 8:20 PM EST
Two more suitors enter the Dayan Viciedo sweepstakes.
Feb 27, 2015, 7:15 PM EST
Michael Saunders will return to the Blue Jays a lot sooner than anticipated.
Feb 27, 2015, 7:10 PM EST
For the second time this offseason, the Athletics have claimed Alex Hassan off waivers.
Feb 27, 2015, 6:36 PM EST
Chris Davis will get some work in the outfield this spring. He hasn’t played there since 2012.
Feb 27, 2015, 6:05 PM EST
MLBPA executive director Tony Clark will be keeping a close eye on how the Cubs handle the eventual promotion of prospect Kris Bryant.
Feb 27, 2015, 5:10 PM EST
It’s been a long week.
Feb 27, 2015, 4:51 PM EST
Note: they’re not fans of this particular bit of product placement.
Feb 27, 2015, 4:35 PM EST
Lowe pitched for the Red Sox from 1997-2004.
Feb 27, 2015, 1:50 PM EST
New name, same luck.
Feb 27, 2015, 1:27 PM EST
Except, of course, when he does.
Feb 27, 2015, 1:06 PM EST
Pierre was a singles-hitting, base-stealing machine.
Feb 27, 2015, 11:19 AM EST
If he’s called up to the majors Santana will get $2.5 million in guaranteed money.
Feb 27, 2015, 11:03 AM EST
When he’s done he’ll have played 18 years in the bigs and will be pushing 400 homers.
Feb 27, 2015, 10:47 AM EST
“The only way he is really going to help us is in the bullpen.”
Feb 27, 2015, 10:35 AM EST
Yes, this is mostly just an excuse to post a picture of Bartolo Colon
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