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.

The Reds are on pace to break their own record for home runs allowed

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The Reds got shelled by the Diamondbacks on Thursday afternoon, dropping the game 12-2. The pitching staff gave up four home runs, including two to Jake Lamb. Gregor Blanco and Ketel Marte also went yard.

That brings the Reds’ total on the season up to 166 through 95 games. That prorates to 283 over 162 games, which would shatter their own major league record for home runs allowed by a team in a season. Last year, the Reds’ pitching staff yielded 258 dingers.

After Thursday’s action, the Reds’ pitching has a major league worst 5.31 ERA, which is exactly in line with its major league worst 5.31 FIP. According to FanGraphs, the pitching staff is worth 0.2 Wins Above Replacement, which is by far the worst in baseball. The Twins’ staff is next-worst at 2.7 WAR. It’s been a rough year in Cincinnati.

Report: Twins close to acquiring Jaime Garcia from the Braves

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Update (7:33 PM ET): There’s a deal in place, per Jon Morosi. The Braves will be receiving a minor leaguer from the Twin, MLB.com’s Rhett Bollinger reports.

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The Twins are close to acquiring starter Jaime Garcia from the Braves, Ken Rosenthal reports.

Garcia, 31, is owed the remainder of his $12 million salary for 2017 and can become a free agent at season’s end. Through 17 starts with the Braves, the lefty has a 4.33 ERA with an 81/40 K/BB ratio in 106 innings.

The 48-46 Twins find themselves just a half-game behind the Indians for first place in the AL Central, so this is certainly an attempt to gear up for the stretch run.

Aaron Blair was scratched from his start with Triple-A Gwinnett, so he could be on his way up to the majors to fill Garcia’s spot in the Braves’ rotation.