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.
Sep 1, 2014, 8:12 PM EDT
Acquired from the White Sox on Sunday, Adam Dunn made an instant impact in his A’s debut this afternoon.
Sep 1, 2014, 7:21 PM EDT
Franco got off to a slow start this season, but he has been on a tear in Triple-A since the start of July.
Sep 1, 2014, 6:31 PM EDT
The Brewers have had at least a share of first place since April 4.
Sep 1, 2014, 5:15 PM EDT
The Pacific Coast League MVP is on his way to L.A.
Sep 1, 2014, 4:21 PM EDT
Four pitchers, led by Cole Hamels, who handled six innings of it, combined to no-hit the Atlanta Braves.
Sep 1, 2014, 3:15 PM EDT
It sounds like Manny is a changed man
Sep 1, 2014, 2:30 PM EDT
As the Marlins’ playoff chances fade.
Sep 1, 2014, 1:44 PM EDT
He was already unofficially shut down. Now it’s all official-like.
Sep 1, 2014, 12:38 PM EDT
Reports of strife between Porter and the front office were apparently right on the nose.
Sep 1, 2014, 11:40 AM EDT
Old Hoss Radbourn is an amateur.
Sep 1, 2014, 10:51 AM EDT
The Brewers are tied for first place and need a boost.
Sep 1, 2014, 10:17 AM EDT
Maybe Yost should just tell Royals fans the exact number of people he needs in the seats for his team to play at its best.
Sep 1, 2014, 9:30 AM EDT
The A’s were, quite recently, the best team in baseball. Now they’re five back of the Angels.
Sep 1, 2014, 8:45 AM EDT
Well, it’s not his (or his estate’s) house anymore. Likely wasn’t for decades. But if someone wants Jon Voight’s LeBaron, someone will probably buy this, right?
Sep 1, 2014, 6:00 AM EDT
And part of the reason for this reminder is that, while Major League Baseball sees fit to commemorate most other holidays that occur during the baseball season, it has always given Labor Day short shrift.
Aug 31, 2014, 11:35 PM EDT
The Blue Jays added an outfield bench bat, picking up John Mayberry, Jr. from the Phillies on Sunday.
Aug 31, 2014, 11:05 PM EDT
The Brewers tried but ultimately failed to acquire David Price from the Rays in July because they refused to part with pitcher Jimmy Nelson.
Aug 31, 2014, 10:30 PM EDT
Bryce Harper entered August with numbers far below expectations. He’ll enter September with much better-looking stats thanks to a decent showing in August, including a spectacular finish on Sunday.
Aug 31, 2014, 9:35 PM EDT
Aroldis Chapman has had a great season, as usual, but he could do something no pitcher has done since the implementation of pitch-tracking technology in 2006.
Aug 31, 2014, 8:40 PM EDT
Is it really a good thing if one’s team is one of only two teams in the last 113 years to have four relatively old players accrue a significant amount of playing time?
- The Cardinals have moved ahead of the Brewers for first place in the National League Central 11
- No-hitter! Four Phillies pitchers combine to blank the Braves 46
- Bo Porter fired by the Astros 51
- Settling the Score: Sunday’s results — and a reminder of what Labor Day is all about 44
- Reds trade setup man Jonathan Broxton to the Brewers 17
- Miguel Cabrera sits Sunday with nagging ankle injury 13
- A’s acquire veteran slugger Adam Dunn from the White Sox 54
- Settling the Score: Saturday’s results 18
- Albert Pujols plays the “you never played the game!” card (104)
- Great Moments in Drug Testing and Punishment: The NFL Edition (101)
- And That Happened: Thursday’s scores and highlights (75)
- Baseball is dying, you guys, because no one would recognize Mike Trout in a bar (74)