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

50 Comments

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.

The Rangers release artists’ renderings of their new ballpark

Texas Rangers
2 Comments

There’s a lot people can say about the Rangers getting a new ballpark so soon after they got their last ballpark. There’s a lot that can be said about its funding and the priorities society places on professional sports as opposed to other things public money can be spent on. It’s also the case, however, that no matter how much is said about it, the Rangers are getting a new Globe Life Park. Which they’ll call Globe Life Field, but close enough.

Today the architects behind it all released artists’ renderings of the new joint. Necessity and priorities aside, the place looks pretty good for a park with a roof. We’ve come a long way since the old domes:

They’ll break ground on September 28. The Rangers are set to begin play in the new place in 2020.

The top 100 Jock Jams

Getty Images
7 Comments

Why yes, it is a slow news day. So here’s a fun list from Billboad: The 100 Greatest Jock Jams of all time.

You know ’em when you hear ’em. “Seven Nation Army.” “Rock and Roll Part 2.” “Sirius” by the Alan Parsons Project. Songs that existed before they were used at sporting events but songs you rarely ever hear outside of them anymore and, frankly, kinda don’t want to because they’ve been forever turned into sporting event anthems.

It’s hard to disagree with this list. Queen’s “We Will Rock You” is at number one. I’ll grant that, even if you hear that way less now than you used to, mostly because it was SO overused as, perhaps, the original jock jam from the 1980s-forward. All of the rest make sense.

Baseball lends itself far less to jock jams than the other sports as the intensity level of the game is so much lower for the most part. Also, since the rankings tried to intentionally stay away from songs that relate to only one sport there is no “Centerfield” or “Glory Days” or songs like that. Baseball is represented, though, with “Sweet Caroline” at number 20. Likewise, you might hear any number of these songs when the bases are loaded and the visiting manager comes out to make a pitching change. A lot of players use these songs as walkup music too.

A good time killer on a slow day.

(h/t to my wife, who sent me the link and said “Did you see this? Could be a good garbage post”). Um, thanks?