lawsuit gavel

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.

Video: Adam Wainwright crushes a three-run homer into the second deck

St. Louis Cardinals' Adam Wainwright connects for a three-run triple against the Arizona Diamondbacks during the sixth inning of a baseball game Wednesday, April 27, 2016, in Phoenix. (AP Photo/Ross D. Franklin)
AP Photo/Ross D. Franklin
Leave a comment

Adam Wainwright has been bringing the lumber lately. The Cardinals’ pitcher delivered a three-run triple in his previous start, last Wednesday, against the Diamondbacks.

During Monday’s start against the Phillies, he doubled to lead off the third inning. Then, in the top of the fourth, he absolutely demolished a Jeremy Hellickson offering for a three-run home run into the second deck at Busch Stadium to tie the game at three apiece.

It’s the seventh home run of Wainwright’s career and brings his season total up to six RBI, matching a career high.

Video: A Delino DeShields base running gaffe costs the Rangers a run

Texas Rangers' Delino DeShields reacts after he struck out swinging to end the tenth inning of a baseball game against the Seattle Mariners, Wednesday, April 13, 2016, in Seattle. The Mariners beat the Rangers 4-2 in ten innings. (AP Photo/Ted S. Warren)
AP Photo/Ted S. Warren
4 Comments

The Rangers would’ve easily taken a 2-1 lead in the top of the seventh inning of Monday’s game against the Blue Jays if not for a base running mistake by Delino DeShields.

Facing R.A. Dickey, Mitch Moreland led off the frame with an infield single. He advanced to second base on a passed ball. After Elvis Andrus flied out, Brett Nicholas drew a walk and DeShields singled to right, loading the bases. Gavin Floyd came in to relieve Dickey, facing Rougned Odor.

Odor skied a fly ball to right-center, which seemed like an obvious sacrifice fly. Center fielder Kevin Pillar made the catch and alertly made a strong throw into second base. Moreland tagged up and scored from third, and DeShields was attempting to tag up on the play as well. However, DeShields was tagged out by shortstop Troy Tulowitzki. The play was reviewed and the ruling on the field — that Moreland scored before DeShields was tagged out — was overturned, erasing the run from the board. That left the game in a 1-1 tie.

The Rangers would eventually take a 2-1 lead in the top of the eighth when Nomar Mazara drilled a solo home run to center field off of Floyd. All’s well that ends well, right?

Angel Pagan out four to five days with a strained hamstring

San Francisco Giants' Angel Pagan complains after being called out stealing second base against the San Diego Padres during the ninth inning of a baseball game Thursday, Sept. 24, 2015, in San Diego. The play was reviewed, and Pagan was ruled safe. (AP Photo/Gregory Bull)
AP Photo/Gregory Bull
1 Comment

Giants outfielder Angel Pagan has been diagnosed with a Grade 1 strain of his left hamstring which will leave him out of action for the next four to five days, Henry Schulman of the San Francisco Chronicle reports. Pagan suffered the injury running the bases during Sunday’s game against the Mets.

The Giants are hopeful that Pagan will avoid needing a stint on the disabled list. For now, they intend to use a combination of Gregor Blanco and Mac Williamson in left field in Pagan’s absence.

Pagan, 34, was hitting well, compiling a .315/.366/.457 triple-slash line along with a pair of homers and stolen bases in 101 plate appearances.

Pablo Sandoval will undergo surgery on his left shoulder

Boston Red Sox third baseman Pablo Sandoval heads to the dugout at the end of the seventh the inning of a baseball game against the Miami Marlins, Wednesday, Aug. 12, 2015, in Miami. The Marlins won  14-6. (AP Photo/Alan Diaz)
AP Photo/Alan Diaz
30 Comments

Update #2 (8:33 PM EDT): Sandoval is expected to miss the rest of the season, ESPN’s SportsCenter tweets.

*

Update (8:06 PM EDT): Per Pete Abraham of the Boston Globe, Sandoval will be undergoing a “significant” operation and faces a “lengthy” rehab.

*

Red Sox third baseman Pablo Sandoval will undergo surgery on his left shoulder, per Jon Morosi of FOX Sports. Sandoval visited Dr. James Andrews on Monday, Evan Drellich of the Boston Herald reports. Sandoval had been on the disabled list since April 13 (retroactive to the 11th) with the shoulder injury.

Sandoval has had a tumultuous 2016 season. He showed up to spring training appearing to be in less than ideal shape. He proceeded to hit a meager .204 in 49 spring at-bats and lost out on the third base job to Travis Shaw. Sandoval went hitless with a walk in seven plate appearances to begin the regular season before the injury woes took hold.

The Red Sox haven’t yet released details, including the timetable for Sandoval’s recovery, so once that is known, we’ll provide updates.