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 16, 2014, 6:38 AM EDT
I only watched a little baseball last night. Watched a lot of “Night Court” though.
Apr 16, 2014, 12:03 AM EDT
From Tim Britton of the Providence Journal comes word that Red Sox first baseman Mike Napoli was removed from Tuesday night’s series-opener against the White Sox with a dislocation of his left ring finger. X-rays were negative, meaning he does not have a fracture.
Apr 15, 2014, 11:28 PM EDT
Josh Johnson’s arm injury woes continue. According to Corey Brock of MLB.com, the right-handed starter is still being bothered by discomfort in his forearm and will be examined next week by Dr. James Andrews.
Apr 15, 2014, 10:44 PM EDT
Clayton Kershaw continued his recovery from a teres major muscle strain on Tuesday, throwing a bullpen session with improved fastball velocity.
Apr 15, 2014, 9:59 PM EDT
Blue Jays shortstop Jose Reyes was pulled from the club’s season-opener with tightness in his left hamstring. He is expected to return to action this Friday.
Apr 15, 2014, 9:05 PM EDT
On the one-year anniversary of the Boston Marathon bombings and with the Red Sox in town for a three-game series, the White Sox wore these “Boston Strong” shirts during pregame warmups Tuesday …
Apr 15, 2014, 8:23 PM EDT
Mariners top pitching prospect Taijuan Walker was scheduled to make one final rehab start on Tuesday at Triple-A Tacoma before joining the major league starting rotation. But that plan can now be torched.
Apr 15, 2014, 7:41 PM EDT
Curtis Granderson is not in the Mets’ starting lineup against the host Diamondbacks because of minor rib cage, forearm, and knee injuries that he sustained in a collision with the outfield wall on Monday, but he will be sporting these custom cleats on the bench …
Apr 15, 2014, 6:58 PM EDT
According to beat writer James Wagner of the Washington Post, Nationals catcher Wilson Ramos got the stitches removed from his surgically-repaired left hand on Tuesday afternoon and has now been cleared to begin basic rehab activities.
Apr 15, 2014, 6:10 PM EDT
Tests taken Monday on the sore left wrist of Red Sox second baseman Dustin Pedroia ruled out any major structural damage. He is not in the starting lineup for Tuesday night’s series-opener against the White Sox at U.S. Cellular Field, but ESPN’s Gordon Edes says Pedroia is aiming to return on Wednesday.
Apr 15, 2014, 5:03 PM EDT
I can’t vouch for the study, but I do know this much: politics gets this stuff in the news, but money is what will ultimately change things.
Apr 15, 2014, 4:40 PM EDT
Earlier this month journeyman outfielder Darnell McDonald announced his retirement via Instagram and he’s already landed a good post-playing gig in the Cubs’ front office as a baseball operations assistant.
Apr 15, 2014, 4:00 PM EDT
If it’s on the Internet, it must be true.
Apr 15, 2014, 3:30 PM EDT
Border wars in baseball. Why not?
Apr 15, 2014, 3:21 PM EDT
Michael Bourn is back from the disabled list after being sidelined since the middle of spring training with a hamstring injury and to make room for his return the Indians optioned Nyjer Morgan back to Triple-A.
Apr 15, 2014, 3:00 PM EDT
There are fewer U.S.-born blacks playing baseball today than there were 20-30 years ago. But how many fewer, and what can be done about it?
Apr 15, 2014, 2:30 PM EDT
To some people, Yasiel Puig will always be a problem rather than a person.
Apr 15, 2014, 2:14 PM EDT
Francisco Cervelli injured his hamstring Sunday night and the Yankees have placed the backup catcher on the 60-day disabled list rather than the usual 15-day disabled list.
Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists
Apr 15, 2014, 1:19 PM EDT
Thank God he didn’t suggest people still had the capacity for violence, or else the manner in which these idiots took offense might’ve been even worse.
Apr 15, 2014, 1:00 PM EDT
MLB sends an odd message given how open they’ve been about instant replay being a work-in-progress.
- And That Happened: Tuesday’s scores and highlights 0
- Jose Reyes is on track to be activated Friday 6
- Dustin Pedroia given cortisone injection for sore left wrist, aiming to return Wednesday 1
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists 213
- John Farrell to get fined for being critical of instant replay 52
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists (213)
- The Red Sox are still steamed that a PED guy played against them in the playoffs last year (129)
- Doug Glanville’s story about being racially profiled at his own home (125)
- We don’t need to celebrate Barry Bonds, but we should avoid whitewashing baseball history (122)
- Must-Click Link: Yasiel Puig’s harrowing journey to the United States (95)