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.
Aug 30, 2015, 12:03 AM EDT
A fan heckling Alex Rodriguez from the upper deck fell and died at Turner Field on Saturday night.
Aug 29, 2015, 11:05 PM EDT
The Royals will likely get Alex Gordon back when the calendar turns to September.
Aug 29, 2015, 10:10 PM EDT
Mariners manager Lloyd McClendon wants to keep Felix Hernandez fresh through the end of the season, so he’ll skip his ace’s start on Monday.
Aug 29, 2015, 9:15 PM EDT
Gavin Floyd will pitch out of the bullpen for the Indians when he is activated on Tuesday.
Aug 29, 2015, 8:20 PM EDT
The Brewers pulled Francisco Rodriguez back after he was claimed on revocable waivers last week.
Aug 29, 2015, 7:28 PM EDT
The Mets have bolstered their bullpen, acquiring Addison Reed from the Diamondbacks.
Aug 29, 2015, 7:15 PM EDT
Lance Lynn hurt his right ankle in the eighth inning of Saturday’s start versus the Giants.
Aug 29, 2015, 6:55 PM EDT
Max Stassi will return to the majors as Jason Castro was placed on the disabled list on Saturday.
Aug 29, 2015, 6:05 PM EDT
2016 will be Vin Scully’s last season behind the mic.
Aug 29, 2015, 5:26 PM EDT
Rzepczynski was just acquired by the Padres last month, but he could soon be on the move again.
Aug 29, 2015, 5:25 PM EDT
Encarnacion extended his hitting steak to 24 games and also drove in a career-high nine runs.
Aug 29, 2015, 4:22 PM EDT
Kimbrel won’t be traded this season.
Aug 29, 2015, 3:57 PM EDT
Gose had a costly brain camp this afternoon against the Blue Jays.
Aug 29, 2015, 2:13 PM EDT
Well done by the Trouts and the Angels.
Aug 29, 2015, 1:13 PM EDT
Mookie Betts and Mookie Wilson will meet Saturday afternoon at Citi Field.
Aug 29, 2015, 12:32 PM EDT
Indians manager Terry Francona has the ability to opt out of his contract if team president Mark Shapiro or general manager Chris Antonetti were to leave the organization.
Aug 29, 2015, 11:36 AM EDT
Morneau has been out since May 13 with a concussion symptoms and a cervical neck strain.
Aug 29, 2015, 10:45 AM EDT
The catwalk at Tropicana Field strikes again. After it robbed Twins rookie Miguel Sano of a home run on Thursday night, it fooled Rays outfield Kevin Kiermaier on this two-run homer from Royals designated hitter Kendrys Morales last night.
Aug 29, 2015, 10:06 AM EDT
Teixeira fouled a ball of his right leg on August 17 and hasn’t seen much in the way of improvement.
Aug 29, 2015, 9:35 AM EDT
With the Braves getting blown out by the Yankees last night, outfielder Jonny Gomes got an opportunity to pitch the top of the ninth inning. As you might expect, it was pretty entertaining.
- A fan died at Turner Field after falling from the upper deck 0
- Mets acquire Addison Reed from the Diamondbacks 8
- Vin Scully says 2016 will be his last season of broadcasting 23
- Edwin Encarnacion slugs three home runs as Blue Jays thrash Tigers 17
- Mark Teixeira says he’s having “serious pain” when he tries to run 13
- Settling the Score: Friday’s results 23
- Vin Scully will return in 2016 for his 67th season of broadcasting 43
- The Athletics have a travel-heavy 2016 schedule and unsuccessfully tried to have it altered 11
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (264)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (200)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (123)