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 26, 2015, 11:05 PM EDT
Jose Abreu, one might say, is good at hitting baseballs.
Apr 26, 2015, 10:15 PM EDT
Max Scherzer made an argument for bringing the DH to the National League.
Apr 26, 2015, 9:25 PM EDT
Perhaps Phillies GM Ruben Amaro was right to hold onto Cole Hamels.
Apr 26, 2015, 8:39 PM EDT
Alex Rodriguez hit his 659th career home run on Sunday night against the Mets, leaving him one shy of tying Willie Mays.
Apr 26, 2015, 7:45 PM EDT
Alex Gordon made an exceptional catch to help Edinson Volquez in Sunday’s game against the White Sox.
Apr 26, 2015, 6:56 PM EDT
Steve Bartman, is that you?
Apr 26, 2015, 6:05 PM EDT
The Orioles set a club record for runs scored and the Red Sox starting rotation continues to falter.
Apr 26, 2015, 5:17 PM EDT
As first reported by Jeff Hem, the play-by-play announcer for the Triple-A Nashville Sounds, the Athletics have signed veteran infielder Ryan Roberts to a minor league contract.
Apr 26, 2015, 4:22 PM EDT
Graveman allowed six earned runs in 4 2/3 innings Saturday in a loss to the Astros, falling to 1-2 on the season with an 8.27 ERA and 2.02 WHIP in 16 1/3 total frames (four starts).
Apr 26, 2015, 3:15 PM EDT
And no, I don’t say that just because Adam Wainwright has been lost for the season due to an injury sustained while hitting.
Apr 26, 2015, 2:58 PM EDT
Two important Dodgers are now on the shelf.
Apr 26, 2015, 2:00 PM EDT
Scherzer jammed his right thumb during an at-bat Thursday afternoon against the Cardinals. It doesn’t sound like a serious injury, but the $210 million right-hander isn’t going to be rushed back.
Apr 26, 2015, 1:02 PM EDT
Last week, it looked like Blue Jays slugger Jose Bautista might be headed to the 15-day disabled list with a right shoulder strain. He has now missed five straight games, but the news Sunday was good …
Apr 26, 2015, 12:15 PM EDT
Cardinals right-hander Mitch Harris is the first graduate of the United States Naval Academy to appear in a major league game since 1921.
Apr 26, 2015, 11:29 AM EDT
The 28-year-old first baseman and outfielder will report to the Dodgers’ Triple-A affiliate in Oklahoma City.
Apr 26, 2015, 10:40 AM EDT
Dodgers right-hander Brandon McCarthy called for a trainer immediately after serving up a three-run homer to Padres slugger Justin Upton in the bottom of the sixth inning Saturday night at Petco Park.
Apr 26, 2015, 9:51 AM EDT
It was a long, tense Saturday night at Baltimore’s Camden Yards, where the home team needed extra innings to beat the Red Sox inside the park and thousands of protesters angry over the death of Freddie Gray made their presence felt outside.
Apr 26, 2015, 9:24 AM EDT
The official word — for now — from the Cardinals is that ace right-hander Adam Wainwright left his start Saturday night against the Brewers because of a “left ankle injury.” But watch the video for yourself …
Apr 26, 2015, 8:37 AM EDT
It’s getting uglier and uglier for the Brew Crew.
Apr 25, 2015, 11:05 PM EDT
Hisashi Iwakuma could miss up to a month after being diagnosed with a Grade 1 strain of his right lat muscle.
- Alex Rodriguez hits 659th career home run, now one shy of tying Willie Mays 15
- Pitchers batting is dumb and the DH should be universal 238
- Max Scherzer doubtful for next start due to thumb injury 3
- Protesters converge on Oriole Park at Camden Yards 141
- It sure sounds like Adam Wainwright suffered a torn Achilles tendon on Saturday night 40
- Settling the Score: Saturday’s results 33
- Report: Rangers will pay Josh Hamilton less than $7 million; deal includes opt-out after two years 98
- Suspensions announced for Thursday’s brawl between the White Sox and Royals 78
- Pitchers batting is dumb and the DH should be universal (248)
- The early leaders in MLB’s “Franchise Four” thing have been announced (166)
- The Royals and White Sox had a benches-clearing fracas, five players ejected (156)
- Protesters converge on Oriole Park at Camden Yards (149)
- Kelvin Herrera gets a five-game suspension; Yordano Ventura fined (133)