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.

Curt Schilling is already getting clobbered by Elizabeth Warren in the 2018 senate race

NEW YORK, NY - APRIL 27:  Former ESPN Analyst Curt Schilling talks about his ESPN dismissal and politics during SiriusXM's Breitbart News Patriot Forum hosted by Stephen K. Bannon and co-host Alex Marlow at the SiriusXM Studio on April 27, 2016 in New York, New York.  (Photo by Cindy Ord/Getty Images for SiriusXM)
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I realize it’s early. I realize that we have one big election coming up in less than two weeks and that 2018 may as well be 2218 as far as the election is concerned. But it’s probably worth mentioning that, at the moment, Curt Schilling isn’t doing too well in the Massachusetts Senate race.

To be fair, he hasn’t officially declared himself a candidate yet. He said he has to get the OK from his wife first. But as a famous Massachusetts resident, it’s not like he needs to spend a lot of time working on the stuff just-declared candidates do. He’s got name recognition bleeding out of his socks. Which makes this somewhat sobering:

It’s been many, many years since I worked on a political campaign, but I feel qualified to give Schilling some advice: more memes. Post as many political memes on Facebook as Twitter as you can. It doesn’t even matter if they’re true as long as they feel true to you. Right now the important thing is to mobilize the base.

Yep, fire everyone up. They’ll certainly flock to you then. Good luck, Curt.

Max Scherzer should clean is own dang house

LOS ANGELES, CA - OCTOBER 11:  Max Scherzer #31 of the Washington Nationals looks on against the Los Angeles Dodgers in the second inning during game four of the National League Division Series at Dodger Stadium on October 11, 2016 in Los Angeles, California.  (Photo by Harry How/Getty Images)
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I work from home, so I end up doing a lot more stuff around my house than the other three people who live here. I do all the laundry. I do most of the cooking. I’ve increasingly delegated chores to the kids, but they don’t do a great job of it and I end up going after them and doing it again. That’s probably a bad long term plan, really, for them and for me, but it’s just how it goes.

However that all cuts, the fact remains: if you leave your crap laying around, it’s going to get washed or tossed, depending on what it is. Don’t get all mad telling me that you were going to wear that shirt that’s currently in the washing machine. If it was clean, it shouldn’t have been wadded up on your floor. If other stuff gets put away or disposed of, well, tough. Your things have places, so put your things in their places.

I mention all of this simply to head off sympathy for Nationals starter Max Scherzer, who almost lost a precious keepsake:

You don’t want your second no-hitter shirt thrown out? Get it put up in a frame or whatever it is you want to do with it. You leave it wadded up someplace, don’t expect it to stay there forever.

Not you go sleep on the couch. Mrs. Scherzer doesn’t work hard all day to take guff from you.