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.
May 29, 2015, 8:23 AM EDT
Great Moments in Politics.
May 29, 2015, 7:13 AM EDT
Corey Kulber’s last four starts: 3-0 with 50 strikeouts and two walks in 32 innings. Yowza.
May 28, 2015, 11:39 PM EDT
Red Sox prospect left-hander Eduardo Rodriguez tossed 7 2/3 scoreless innings in his major league debut against the Rangers on Thursday.
May 28, 2015, 10:51 PM EDT
Rockies prospect David Dahl suffered a “massive laceration” in his spleen following an outfield collision Thursday and required season-ending surgery.
May 28, 2015, 10:03 PM EDT
Hamilton got a rousing ovation from the home crowd in his return to Texas.
May 28, 2015, 9:05 PM EDT
Jarrod Saltalamacchia was cut loose by the Marlins earlier this month after proving to be a disappointment in his three-year, $21 million contract, but the Diamondbacks are ready to give him a shot.
May 28, 2015, 8:22 PM EDT
Kazmir left his start yesterday against the Tigers after three innings with shoulder tightness, but it sounds like he might not have to miss much time.
May 28, 2015, 7:40 PM EDT
Tanaka has been sidelined since April 23 due to a right forearm strain and right wrist tendinitis.
May 28, 2015, 7:01 PM EDT
The 39-year-old Ortiz has just one hit in his last 20 at-bats and is batting an uncharacteristic .216/.303/.377 with six home runs and 18 RBI across his first 43 games this season.
May 28, 2015, 6:15 PM EDT
The Indians placed Santana on the paternity leave list Thursday following the birth of his daughter.
May 28, 2015, 4:52 PM EDT
Nava has struggled all season, hitting just .159 with zero homers.
May 28, 2015, 4:27 PM EDT
Michael Taylor suddenly has a full-time job.
May 28, 2015, 4:00 PM EDT
Seven and two-thirds innings, 12 strikeouts and nothin’ else doin’.
May 28, 2015, 2:37 PM EDT
Great Moments in . . . wah?
May 28, 2015, 12:50 PM EDT
Kingham cracked top-100 prospect lists last season and this season.
May 28, 2015, 12:16 PM EDT
Jay has been out since May 10 with a wrist injury.
May 28, 2015, 11:53 AM EDT
I don’t do requests and even if I did, I would’t do Rush requests. But you all have broken me down.
May 28, 2015, 10:47 AM EDT
“I have nothing to complain about.”
May 28, 2015, 10:30 AM EDT
He just opted out of his deal with Tampa Bay.
May 28, 2015, 10:15 AM EDT
“He could be anywhere.”
- And That Happened: Thursday’s scores and highlights 15
- Eduardo Rodriguez dazzles in major league debut 14
- Masahiro Tanaka expected to rejoin Yankees next week 4
- Alex Rodriguez is the all-time AL RBI champion. Sorta. 76
- And That Happened: Wednesday’s scores and highlights 86
- Cardinals GM John Mozeliak: Matt Adams out 3-4 months, possibly the year, with torn quad 60
- Bryce Harper leads in the first round of National League All-Star voting 29
- Buster Olney: The Marlins should hire A-Rod to be their next manager 54