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

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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.

MLB, MLBA officially announce the terms of the new Collective Bargaining Agreement

SAN FRANCISCO, CA - JUNE 04:  A job seeker shakes hands with a recruiter during a HireLive career fair on June 4, 2015 in San Francisco, California. According to a report by payroll processor ADP,  201,000 jobs were added by businesses in May.  (Photo by Justin Sullivan/Getty Images)
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In the past, Major League Baseball and the MLBPA have not issued official statements announcing a new Collective Bargaining Agreement until after it had been ratified by the players and clubs. The thinking was simple: there is no agreement until it is officially ratified. Which makes some sense.

A few moments ago, however, the league and the union issued a joint press release with a full summary of the new CBA terms, quotes from Tony Clark and Rob Manfred and the whole nine yards. You can see all of the detailed terms here.

The most likely explanation for doing it now: there are different people running MLB than were running it five years ago and they’re just doing things differently. My fun conspiracy theory, however, is that due to the division and acrimony in the player ranks about which we’re just hearing, the league and union wanted to make this appear to be a far more done deal than it technically is and thus be able to paint objectors who may pop up during the ratification process as Monday morning quarterbacks. Hey, crazier things have happened!

In the meantime, go check out some of the fun terms. There are a load of them there. In the meantime before you do that, here are the official statements from baseball’s honchos.

Rob Manfred:

“I am pleased that we completed an agreement prior to the deadline that will keep the focus on the field during this exciting time for the game.  There are great opportunities ahead to continue our growth and build upon the popularity that resonated throughout the Postseason and one of the most memorable World Series ever.  This agreement aims to further improve the game’s healthy foundation and to promote competitive balance for all fans.

“I thank Tony Clark, his colleagues and many Major League Players for their work throughout the collective bargaining process.  We appreciate their shared goals for the betterment of the sport.  I am grateful for the efforts of our Labor Policy Committee, led by Ron Fowler, as well as Dan Halem and our entire Labor Relations Department.”

Tony Clark:

“Every negotiation has its own challenges. The complexities of this agreement differ greatly from those in the past if for no other reason than how the industry has grown.  With that said, a fair and equitable deal is always the result you are working toward, and, once again, I believe we achieved that goal. I would like to thank our Players for their involvement, input and leadership throughout. Their desire to protect our history and defend and advance the rights and interests of their peers is something I am truly grateful for.

“I would also like to recognize Commissioner Rob Manfred, Dan Halem, MLB and the Labor Policy Committee for their hard work over the last year plus, and for staying committed to the process.  In coming to an agreement, this deal allows both sides to focus on the future growth and development of the sport. There is a lot of work to be done and we look forward to doing it.”

Peace in our time.

Breaking down the Today’s Game Hall of Fame Ballot: John Schuerholz

ATLANTA - SEPTEMBER 27: Atlanta Braves President John Schuerholz is shown before the game against the Philadelphia Phillies at Turner Field on September 27, 2011 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
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On Monday, December 5, the Today’s Game committee of the Baseball Hall of Fame — the replacement for the Veterans Committee which covers the years 1988-2016 — will vote on candidates for the 2017 induction class. This week we are looking at the ten candidates, one-by-one, to assess their Hall worthiness. Next up: John Schuerholz 

The case for his induction:

He’s one of the greatest GMs of all time, having broken into baseball in what was then the best organization in baseball, the Balitmore Orioles, and then worked his way up to the GM chair in another fantastic organization, the 1970s and 80s Kansas City Royals. After a World Series win there he moved on to Atlanta and, with the help of his predecessor GM and future manager, Bobby Cox, helped bring the Braves back from oblivion and turned them into perpetual division title winners. His influence, in terms of his disciples and the weight he still throws around Major League Baseball, is incalculable. If there are any arguments about his place in the executive hierarchy in the past 50 years, they’re about where in the top two or three he places, not whether he’s worthy of the Hall of Fame, at least by historical standards.

The case against his induction:

You could make a strong case that executives have no business being in there, but that ship sailed a long dang time ago. You could also nitpick Schuerholz’s record — David Cone for Ed Hearn? Kevin Millwood for Johnny Estrada? — but show me a GM who doesn’t have some clunkers on his resume. You can lay resposibility for the manager challenge system in replay at his feet, but I don’t think that outweighs his accomplishments.

Schuerholz was part of turning a fledging organization into one of the best in baseball and, in his next job, turned a totally cratered, losing and barren organization into a perpetual winner. It’s hard to beat that.

Would I vote for him?

Sure. There are 33 executives in the Hall of Fame. Schuerholz had more success than most of ’em. I wish there were more, say, third basemen in the Hall than there are — there are only 16 of them — but if you’re going to judge Schuerholz by his peers, he comes out pretty well.

Will the Committee vote for him?

Yep. The Veterans Committees of the recent past have been loathe to induct a lot of players who are worthy, but they’ve always been good to put in noted executives. It’s almost as if these guys make the Veterans Committee by, you know, being tight with noted executives. I feel like he’ll glide in.