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.
Oct 23, 2014, 2:25 AM EDT
Petit deserves the nod over probable starter Ryan Vogelsong.
Oct 22, 2014, 11:34 PM EDT
Yordano Ventura held the Giants to two runs over five-plus innings and the Kansas City offense awoke for seven runs on 10 hits as the Royals evened up the 2014 World Series at a win apiece with a 7-2 Game 2 victory on Wednesday night at Kauffman Stadium.
Oct 22, 2014, 10:40 PM EDT
The host Royals have the visiting Giants right where they want them in Game 2 of the World Series.
Oct 22, 2014, 9:48 PM EDT
Game 2 of the World Series has been a back-and-forth affair thus far, with the visiting Giants scoring single runs in the first and fourth innings and the Royals scoring in the first and second. It’s all square at 2-2 as the action shifts to the top of the sixth.
Oct 22, 2014, 9:03 PM EDT
Major League Baseball announced in April that two new regular-season awards would be handed out every year, going to the top reliever in each league. The NL’s award was named after Trevor Hoffman and the AL’s was named after Mariano Rivera. Here, via MLB’s Twitter account, are the first recipients …
Oct 22, 2014, 8:39 PM EDT
The Giants jumped out to a 3-0 lead in the top of the first inning Tuesday before eventually winning Game 1 of the World Series in a 7-1 rout. And they got off to another fast start in Game 2 on Wednesday night, but the Royals were able to answer right back.
Oct 22, 2014, 8:05 PM EDT
Statcast, the new 3D tracking technology from MLB Advanced Media, gives us this unique look at Brandon Crawford’s rangy catch to rob Omar Infante of a hit Tuesday in Game 1 of the World Series …
Oct 22, 2014, 7:30 PM EDT
Johnson was acquired from the Pirates last year.
Oct 22, 2014, 7:19 PM EDT
Chris Cotillo of MLB Daily Dish reports that the Phillies have signed catcher John Hester to a minor league contract with an invitation to spring training.
Oct 22, 2014, 6:24 PM EDT
Dan Haren underwent arthroscopic surgery Wednesday on his left (non-throwing) shoulder. He’s expected to be ready for spring training.
Oct 22, 2014, 5:37 PM EDT
“I was doing some stuff in the training room.”
Oct 22, 2014, 4:16 PM EDT
Not so long ago that option looked like it might be a bargain, as Burton went from scrap-heap pickup to one of the league’s best setup men, but he showed major signs of decline this season while throwing 64 innings with a 4.36 ERA.
Oct 22, 2014, 4:06 PM EDT
In other news: Homeland Security agents now conduct raids over things like minor copyright violations.
Oct 22, 2014, 3:50 PM EDT
Jake Peavy vs. Yordano Ventura.
Oct 22, 2014, 3:16 PM EDT
Great Moments in the Uncanny Valley
Oct 22, 2014, 2:48 PM EDT
He’s owed $23 million in 2015, $25 million in 2016, and $25 million or a $5 million buyout for 2017.
Oct 22, 2014, 2:14 PM EDT
“No one ever complained” is not a particularly compelling argument against change, in baseball or in life.
Oct 22, 2014, 2:00 PM EDT
How and why baseball makes its political donations
Oct 22, 2014, 1:47 PM EDT
This year the Padres scored the fewest runs in baseball, by far, as they totaled 535 runs and the second-to-last Braves scored 573.
Oct 22, 2014, 1:30 PM EDT
I think that constitutes more than 15%.
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