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 31, 2014, 3:59 PM EDT
How committed are the Red Sox to blowing up the roster? They just made a trade with the Yankees–the Yankees–sending shortstop Stephen Drew to New York just 39 games after re-signing him to a $10 million deal.
Jul 31, 2014, 3:55 PM EDT
With Price in town, a guy who one the AL MVP and Cy Young Award a couple of years ago is now the TIgers fourth starter.
Jul 31, 2014, 3:40 PM EDT
In search of infield help with Ryan Zimmerman on the disabled list again, the Nationals have acquired switch-hitting shortstop Asdrubal Cabrera from the Indians in exchange for minor leaguer Zach Walters.
Jul 31, 2014, 3:19 PM EDT
Drip . . . drip . . . drip . . .
Jul 31, 2014, 3:13 PM EDT
This morning the Red Sox were reportedly close to trading left-handed reliever Andrew Miller to the Tigers, but that deal apparently fell through because now Jerry Crasnick of ESPN.com reports that Miller has been sent to the Orioles.
Jul 31, 2014, 2:21 PM EDT
A lefty masher is having a down year, but he can help out in Seattle.
Jul 31, 2014, 2:20 PM EDT
Recapping all of Thursday’s dealings in one spot.
Jul 31, 2014, 2:14 PM EDT
Parra’s offensive production has dropped off this season, falling about 50 points compared to his career norms, but he remains an excellent defensive corner outfielder capable of handling center field if needed.
Jul 31, 2014, 1:53 PM EDT
Tea leaves are fun.
Jul 31, 2014, 1:00 PM EDT
Not satisfied with adding Justin Masterson to the rotation yesterday, the Cardinals have added another veteran starter by acquiring John Lackey from the Red Sox. And, much like Boston’s deal to get Yoenis Cespedes from Oakland for Jon Lester, the Red Sox have prioritized the present by getting veterans Allen Craig and Joe Kelly in exchange.
Jul 31, 2014, 12:49 PM EDT
Seems that Gomes knows more about team chemistry than the people who hold him up as a paragon of good chemistry.
Jul 31, 2014, 12:38 PM EDT
Because the Dodgers can apparently never have too many current and former closers in the bullpen, Joel Sherman of the New York Post reports that they’re “trying hard” to acquire Joaquin Benoit from the Padres.
Jul 31, 2014, 12:30 PM EDT
It’s a win-win from where I’m sitting. In my basement studio. With shorts on beneath the suit jacket, even if I’m trying to look like I’m in an office.
Jul 31, 2014, 12:16 PM EDT
San Francisco released reliever Dan Runzler from Triple-A so that he can sign with the Orix Buffaloes in Japan, according to Andrew Baggarly of CSNBayArea.com.
Jul 31, 2014, 11:50 AM EDT
Joe Saunders has been released from Triple-A by the Royals, who’re the fourth organization to cut bait on the veteran left-hander this season.
Jul 31, 2014, 11:32 AM EDT
I never understand the Royals.
Jul 31, 2014, 11:13 AM EDT
Tommy Milone was the odd man out in the A’s rotation before today, so there was really no place for him in Oakland following the Jon Lester trade.
Jul 31, 2014, 11:12 AM EDT
Because, if you haven’t noticed, they have not sewn up the AL West yet.
Jul 31, 2014, 10:47 AM EDT
Harvey was selected for the Futures Games as a 19-year-old and started 17 games at low Single-A with a 3.18 ERA and 106/33 K/BB ratio in 88 innings.
Jul 31, 2014, 10:30 AM EDT
The Sox did not get hosed here. Don’t believe that for a second.
- ACES GALORE: The Rays trade David Price to the Tigers 10
- 2014 Trade Deadline Tracker 25
- Red Sox trade John Lackey to Cardinals for Allen Craig and Joe Kelly 83
- The Lester trade is a win-win 112
- BLOCKBUSTER: Jon Lester and Jonny Gomes heading to Oakland for Yoenis Cespedes 164
- Cardinals acquire Justin Masterson from Indians 49
- There’s a “very good chance” the Red Sox trade Lackey and Lester 53
- Expert’s Corner: How to troll fans of all 30 teams (201)
- “Caucasians” t-shirts are hot sellers on Canadian Indian reservations (199)
- BLOCKBUSTER: Jon Lester and Jonny Gomes heading to Oakland for Yoenis Cespedes (164)
- Rangers’ retirement gifts for Derek Jeter: Yankees cowboy boots, signed George W. Bush photo (123)
- The Lester trade is a win-win (111)