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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.

White Sox ace Chris Sale scratched for ‘clubhouse incident’

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CHICAGO — Chicago White Sox ace Chris Sale was scratched from his start against the Detroit Tigers on Saturday night after he was involved in what the team said was a “non-physical clubhouse incident.”

Sale, who was to attempt to become the majors’ first 15-game winner, was sent home from the park.

“The incident, which was non-physical in nature, currently is under further investigation by the club,” general manager Rick Hahn said in a statement. “The White Sox will have no additional comment until the investigation is completed.”

The White Sox clubhouse was open to reporters for only 20 minutes before it was closed for a team meeting before the game. Manager Robin Ventura did not discuss the incident later in his pregame availability.

Right-hander Matt Albers started in Sale’s place and the White Sox planned to use multiple relievers. The crowd booed when Albers was announced as the starter as the teams warmed up.

Sale had been shown as the starter on the scoreboard until about 15 minutes before the scheduled first pitch, which was delayed 10 minutes by rain.

With the White Sox fading from playoff contention, Sale’s name has been mentioned as a possible trade target for contending teams.

The left-hander, 14-3 with a 3.18 ERA, has been outspoken in the past.

Sale was openly critical of team president Ken Williams during spring training when he said the son of teammate Adam LaRoche would no longer be allowed in the clubhouse. LaRoche retired as a result, and Sale hung LaRoche’s jersey in his locker.

The 27-year-old Sale has said he’d like to stay in Chicago. He was the 13th overall pick out of Florida Gulf Coast in 2010 and has been selected as an All-Star five times. He started for the American League in this month’s All-Star Game.

Sale, who is 71-43 in his career, entered the day leading the majors with 133 innings pitched and three complete games.

In his last outing Monday, Sale allowed one hit over eight shutout innings before closer David Robertson gave up four runs in the ninth in Chicago’s loss to Seattle.

The White Sox, who started 23-10, had dropped eight of nine games before Saturday and sat in fourth place in the AL Central, creating speculation that Sale and fellow lefty Jose Quintana could be dealt.

Hahn said Thursday the White Sox were “mired in mediocrity” and hinted at possible big roster changes.

Tigers GM Al Avila said before the game that many teams were looking for starting pitching.

“Yet there are not as many good starting pitchers available,” Avila said. “And the guys that may come available are going to come at a steep price.

Pirates recall pitcher Glasnow to start against Phillies

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PITTSBURGH — Right-hander Tyler Glasnow has been recalled from Class AAA Indianapolis and will make his second major league start Saturday when he faces the Philadelphia Phillies.

Glasnow lost to the Cardinals at St. Louis on July 7, allowing four runs in 5 1/3 innings. He was 7-3 with a 1.94 ERA in 18 starts with Indianapolis.

Catcher Elias Diaz was also recalled from Indianapolis while right-handed reliever AJ Schugel was optioned to the same club. Catcher Eric Fryer was placed on the paternity list after his wife gave birth to twins – a boy and a girl – on Saturday.

The 25-year-old Diaz underwent arthroscopic right elbow surgery May 3 after being injured in spring training. He has played in a combined 12 games at three minor leagues, hitting .341, after making his major league debut with the Pirates last September.