lawsuit gavel

A-Rod’s cousin, Yuri Sucart, files an appeal challenging Major League Baseball’s Biogenesis lawsuit


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 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 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.

Are the Padres adding some yellow to their color scheme for 2016?

Tony Gwynn

We’ve written several times about how boring the Padres’ uniforms and color scheme is. And how that’s an even greater shame given how colorful they used to be. No, not all of their mustard and brown ensembles were great looking, but some were and at some point it’s better to miss boldly than to endure blandness.

Now comes a hint that the Padres may step a toe back into the world of bright colors. At least a little bit. A picture of a new Padres cap is making the rounds in which a new “sunshine yellow” color has been added to the blue and white:

This story from the Union-Tribune notes that the yellow also appears on the recently-unveiled 2016 All-Star Game logo, suggesting that the yellow in the cap could either be part of some  special All-Star-related gear or a new color to the normal Padres livery.

I still strongly advocate for the Padres to bring back the brown — and there are a multitude of design ideas which could do that in tasteful fashion — but for now any addition of some color would be a good thing.

Brett Lawrie “likely to be traded” by the A’s

Brett Lawrie

Oakland’s re-acquisition of infielder Jed Lowrie from Houston makes it “likely” that the A’s will now trade infielder Brett Lawrie, according to Susan Slusser of the San Francisco Chronicle.

Slusser says Lowrie’s arrival “all but ensures” both Lawrie and Danny Valencia are on the trading block, adding that Lawrie “is considered the better bet to be traded.”

Acquired last offseason from the Blue Jays in the Josh Donaldson trade, Lawrie hit .260 with 16 homers and a .706 OPS in 149 games while playing second base and third base. At age 25 he’s a solid player, but Lawrie has failed to live up to his perceived potential while hitting .263 with a .736 OPS in 494 career games.

At this point it sounds like the A’s plan to start Marcus Semien at shortstop and Lowrie at second base.

Gammons: The Red Sox could go $30-40 million higher on David Price than anyone else


Peter Gammons reports that the Red Sox are on a mission to sign David Price and that they will pay some serious money to get him. Gammons quotes one anonymous GM who says that he expects the Sox to “go $30-40 million above anyone else.”

The man calling the shots for the Sox is Dave Dombrowski and he knows Price well, of course, having traded for him in Detroit. But there is going to be serious competition for Price’s services with the Jays and Cubs, among many others, bidding for his services. It would be unusual for a team to outbid the competition by tens of millions as Gammons’ source suggests, but the dollars will be considerable regardless.

Sean Doolittle, Eireann Dolan hosted Syrian refugee families for Thanksgiving

Sean Doolittle

The Wednesday night before Thanksgiving usually means one thing: going to some mildly depressing bar in your hometown and meeting up with all of the people with whom you went to high school.

Oakland A’s pitcher Sean Doolittle and his girlfriend, Eireann Dolan, bypassed that dreary tradition and did something more uplifting instead: they hosted 17 Syrian refugee families for an early Thanksgiving dinner.

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There has been a lot of controversy lately about U.S. policy regarding Syrian refugees. Based on all of this, the only thing controversial here is that someone is letting that kid be a Chicago Bears fan. That’s no way to introduce anyone to the greatness of America.