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 22, 2015, 6:05 PM EDT
The Mets appear to be heading towards using a six-man rotation after Dillon Gee returns on Saturday.
May 22, 2015, 4:47 PM EDT
The Yankees firmly believe that the only people allowed to disparage Alex Rodriguez are the Yankees.
May 22, 2015, 3:45 PM EDT
Castillo is starting tonight in right field.
May 22, 2015, 2:50 PM EDT
Janssen was signed for $5 million to replace Tyler Clippard as the Nationals’ primary setup man.
May 22, 2015, 2:30 PM EDT
When I see you smile, Barry, I can face the world. You know I can do anything. When I see you smile, I see a ray of light.
May 22, 2015, 2:21 PM EDT
21-year-old right-hander Norge Ruiz.
May 22, 2015, 1:30 PM EDT
But Major League Baseball’s silliness about these kinds of infractions, however, will continue on unabated.
Quote of the Day: Freddie Freeman inadvertently illustrates the silliness of the foreign substance rules
May 22, 2015, 11:03 AM EDT
Paraphrased: “Smith should be way less obvious about the fact that he’s trying to keep us safe!”
May 22, 2015, 10:47 AM EDT
Travis has been a huge bright spot for Toronto this season.
May 22, 2015, 10:30 AM EDT
At least that’s what Molly Knight reports from Japan, and I’m inclined to agree.
May 22, 2015, 10:15 AM EDT
Mujica actually managed to pick up the ball and make a throw to first base for the out.
May 22, 2015, 8:46 AM EDT
Everyone does it and no one cares. Until someone does.
May 22, 2015, 7:19 AM EDT
The Giants own the Dodgers at AT&T Park. And the Madison Bumgarner owned Clayton Kershaw. At least yesterday.
May 21, 2015, 11:27 PM EDT
The Cubs are reportedly one of several teams who have looked into signing Soriano.
May 21, 2015, 11:03 PM EDT
Coco Crisp left Tuesday’s game with tightness in his neck and it sounds like he’s going to need to miss some time.
May 21, 2015, 10:15 PM EDT
The Phillies have reportedly talked to the Angels about a deal involving Revere.
May 21, 2015, 9:33 PM EDT
Brewers reliever Will Smith was ejected from Thursday’s game against the Braves in the bottom of the seventh inning after he was found to have a foreign substance on his non-throwing arm.
May 21, 2015, 9:03 PM EDT
Masahiro Tanaka took his first step toward rejoining the Yankees rotation tonight by tossing three scoreless innings in a minor league rehab start with Triple-A Scranton/Wilkes-Barre.
May 21, 2015, 8:01 PM EDT
Howard homered in back-to-back games at Coors Field and is now up to nine home runs on the season.
May 21, 2015, 7:12 PM EDT
Yan Gomes has been sidelined since April 11 due to an MCL sprain in his right knee.
- Cuba’s best pitching prospect is on his way to America 17
- Will Smith suspended for eight games for the foreign substance on his arm 54
- Will Smith’s ejection once again shows baseball’s silly approach to foreign substance rules 47
- And That Happened: Thursday’s scores and highlights 95
- Who really owns a home run ball? 65
- The story behind the Nationals squirting chocolate syrup on each other after big wins 43
- And That Happened: Wednesday’s scores and highlights 130
- Bryce Harper on Marvin Hudson ejection: “I don’t think 40,000 people came to watch him ump” 130
- Bryce Harper on Marvin Hudson ejection: “I don’t think 40,000 people came to watch him ump” (130)
- And That Happened: Wednesday’s scores and highlights (130)
- Bryce Harper ejected for second time in a week (122)
- GM Dan Jennings to be named the Marlins new manager. And it’s a terrible idea. (111)
- And That Happened: Tuesday’s scores and highlights (101)