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.
Apr 18, 2014, 6:47 AM EDT
Adam Wainwright turned in the latest of several dominant pitching performances around Major League Baseball this week.
Apr 17, 2014, 11:02 PM EDT
The Phillies’ rotation is about to get stronger.
Apr 17, 2014, 11:00 PM EDT
The Twins scored six runs on one hit, eight walks (!) and three wild pitches in the bottom of the eighth inning tonight.
Apr 17, 2014, 10:05 PM EDT
Jonathan Papelbon had a little more giddy-up on his fastball today, but don’t ask him about it.
Apr 17, 2014, 9:31 PM EDT
Jeremy Jeffress turned down a minor league assignment with the Blue Jays and will seek an opportunity elsewhere.
Apr 17, 2014, 8:21 PM EDT
Lots of teams watched Joel Hanrahan throw today.
Apr 17, 2014, 8:16 PM EDT
Yangervis Solarte, Brian Roberts, and Scott Sizemore turned a triple play and got CC Sabathia out of a potential jam.
Apr 17, 2014, 7:45 PM EDT
Mike Napoli suffered a dislocated finger on Tuesday, but only had to miss one game.
Apr 17, 2014, 7:02 PM EDT
Shane Victorino has been sidelined since the end of spring training with a hamstring strain.
Apr 17, 2014, 6:14 PM EDT
Yet another injury for Lorenzo Cain.
Apr 17, 2014, 5:17 PM EDT
Ji-Man Choi, a Triple-A first baseman in the Mariners’ farm system, has been suspended 50 games after testing positive for the performance-enhancing drug methandienone.
Apr 17, 2014, 5:08 PM EDT
You take the good, you take the bad, you take ‘em both and there you have Yasiel Puig … Yasiel Puig . . .
Apr 17, 2014, 4:24 PM EDT
Slow starts for the well-paid are beginning to be reversed.
Apr 17, 2014, 3:46 PM EDT
Twins right-hander Kyle Gibson was fantastic this afternoon against the Blue Jays, shutting them out for eight innings of four-hit ball. Gibson struck out four, walked one, and lowered his ERA to 0.93 on the season.
Apr 17, 2014, 3:09 PM EDT
This is some good nonsense for a slow day.
Apr 17, 2014, 1:46 PM EDT
It’s really, really cold in Minnesota right now and they’re playing outdoor baseball.
Apr 17, 2014, 1:30 PM EDT
Your mileage may vary, but a 1-0 game in which each starter go the distance is baseball at its most sublime.
Apr 17, 2014, 1:14 PM EDT
St. Louis has placed right-hander Joe Kelly on the disabled list after he injured his hamstring trying to beat out an infield single Wednesday.
Apr 17, 2014, 12:30 PM EDT
Two big features in one week suggest we have hit Peak Puig.
Apr 17, 2014, 11:46 AM EDT
Blue Jays closer Casey Janssen began a minor-league rehab assignment by throwing a scoreless inning Tuesday at Single-A, but now Gregor Chisholm of MLB.com reports that he’s been “temporarily shutdown” with more back soreness.
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists (244)
- “They Don’t Know Henry” (167)
- The Red Sox are still steamed that a PED guy played against them in the playoffs last year (133)
- Doug Glanville’s story about being racially profiled at his own home (125)
- There is still a racial divide in baseball (112)