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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.

Rangers Reliever Jeremy Jeffress arrested for DUI

CINCINNATI, OH - AUGUST 23:  Jeremy Jeffress #23 of the Texas Rangers pitches in the seventh inning against the Cincinnati Reds at Great American Ball Park on August 23, 2016 in Cincinnati, Ohio. Cincinnati defeated Texas 3-0.  (Photo by Jamie Sabau/Getty Images)
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WFAA-TV in Dallas is reporting that Texas Rangers reliever Jeremy Jeffress has been arrested for drunk driving. Details of the arrest are not yet available. He was jailed just after 5AM today.

Jeffress was traded to Texas by the Milwaukee Brewers at the trade deadline at the end of July. Overall he has a 2.52 ERA and 27 saves in 56 games. He has appeared in nine games for the Rangers and has allowed four earned runs in nine innings pitched.

More details when they become available.

And That Happened: Thursday’s scores and highlights

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Here are the scores. Here are the highlights:

Rays 2, Red Sox 1Mikie Mahtook had been hitless in 34 straight at-bats before hitting a go-ahead double in the seventh. If it first you don’t succeed, try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try try again.

Nationals 4, Orioles 0: The Nats break a four game losing streak thanks to Max Scherzer‘s eight shutout innings and ten strikeouts. Jayson Werth homered in the fourth and Daniel Murphy and Bryce Harper each doubled home run(s) in the eighth. Moral victory for the Orioles, though, in trotting out Ubaldo Jimenez and seeing him actually pitch well (6 IP, 5 H, 1 ER) instead of watching him start a tire fire.

Angels 6, Blue Jays 3: A 3-for-4, 4 RBI night for Mike Trout, which puts his batting line at .316/.432/.555. He’s on a pace for 30+ homers, 100+ RBI, nearly 30 stolen bases, leads the league in walks and, as always, has been playing gold glove-caliber defense. My guess is that he finishes third or fourth in MVP balloting.

Mets 10, Cardinals 6Alejandro De Aza hit a three-run homer and drove in five runs in all. That homer doesn’t happen at all if the Cards record out number three on the play before. Which they almost did and would have if not for one of the strangest dang plays you’ll ever see.

Rangers 9, Indians 0: Cole Hamels goes eight shutout innings and allows only two hits to win his 14th game and lower his ERA to 2.67 but, nah, he’s not an ace. Carlos Gomez homered in his first game as a Ranger. Can you imagine the agita Astros fans will feel if Gomez rakes down the stretch for Texas after stinkin’ up the joint as an Astro? In other news, Adrian Beltre drove in three and Jason Kipnis had a lot of fun with Rougned Odor. I’m sure Jose Bautista finds absolutely NOTHING funny about it at all.

Pirates 3, Brewers 2: Andrew McCutchen hit a home run and a pair of RBI singles, one of which proved to be the game-winner in the tenth. Pittsburgh breaks a nine-game losing streak in Miller Park.

Giants 4, Dodgers 0: Obviously the big story here — the one that will lead headlines everywhere this morning — was Matt Moore’s near-no-hitter. I mean, what else could there possibly be to take away from this ga–

Yes. That was EXACTLY the story of this game.

Braves 3, Diamondbacks 1: Lost in Moore’s near no-hit bid was Matt Wisler’s. The Braves starter didn’t allow a hit until the seventh inning and allowed only two overall, producing one run, in eight total innings. Freddie Freeman took a bad tumble trying to make a catch in the stands, smacking his back on an empty seat:

He stayed in the game, but man, that’s one that could’ve been way, way worse.

White Sox 7, Mariners 6: Todd Frazier struck out in his first three at-bats but made his last two count. Frazier tied the game up with an RBI single in the seventh inning and won it with a walkoff single down the left-field line in the ninth. Also in the ninth: three fans running on the field in two separate incidents. David Robertson was on the mound and he didn’t much care for the interruptions:

“The first two guys I was like, `Ok. All right. They’ve got it under control,” Robertson said. “The next guy, I got a little angry there.”

More like Guaranteed Irate field, amirite?

Royals 5, Marlins 2: Alcides Escobar homered, doubled, and drove in two runs but, wow, Jarrod Dyson, man:

Tigers 8, Twins 5: James McCann had four hits including a three-run homer as the Motor City Kitties sweep the Twinkies (note: if MLB is serious about getting young people into the game, all team names should be changed to their cutest possible variants, thereby securing the hearts and fandom of the five-year-old set).