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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.

Brett Anderson and Mike Montgomery could share Cubs’ rotation spot in 2017

CLEVELAND, OH - NOVEMBER 01:  Mike Montgomery #38 of the Chicago Cubs throws a pitch during the seventh inning against the Cleveland Indians in Game Six of the 2016 World Series at Progressive Field on November 1, 2016 in Cleveland, Ohio.  (Photo by Jamie Squire/Getty Images)
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Cubs’ manager Joe Maddon hasn’t selected a fifth starter for his 2017 rotation yet, but told reporters that he could envision left-handers Brett Anderson and Mike Montgomery sharing the spot throughout the year. Neither pitcher was stretched out to the full 200-inning threshold last year, Maddon added, and suggested that the two could alternate innings out of the rotation and bullpen as needed (via MLB.com’s Carrie Muskat).

Anderson, 29, was acquired by the Cubs in January on a $3.5 million deal. He’s coming off a rough 2016, during which he underwent back surgery and missed all but 11 1/3 innings of his last season with the Dodgers. His last full, healthy year in the majors yielded a 3.69 ERA, 2.3 BB/9 and 5.8 SO/9 over 180 1/3 innings with Los Angeles in 2015.

Montgomery, meanwhile, is vying for a rotation spot after pitching almost exclusively from the bullpen during the second half of the Cubs’ 2016 run. The 27-year-old lefty put up a 2.82 ERA, 4.7 BB/9 and 8.9 SO/9 over 38 1/3 innings for Chicago last year, returning in the postseason to post a 3.14 ERA during the Cubs’ championship finish.

Maddon also mentioned the possibility of throwing a sixth starter into the mix, which would help prevent his other starters from getting overworked too early in the year. Either way, Anderson and Montgomery are expected to get a lot of looks early in spring training as rotation spots are finalized in the weeks leading up to Opening Day.

Michael Bourn to miss four weeks with a broken finger

ST. PETERSBURG, FL - SEPTEMBER 6:  Michael Bourn #1 of the Baltimore Orioles looks out of the dugout as he waits to get on deck to bat during the sixth inning of a game against the Tampa Bay Rays on September 6, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
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Orioles’ center fielder Michael Bourn is expected to be sidelined for four weeks while he rehabs a broken ring finger on his right hand, according to reports from the Baltimore Sun’s Peter Schmuck. Bourn broke the finger while playing catch with a football after a spring training workout.

The veteran outfielder re-signed with the club earlier this week on a minor league deal and was prepared to compete for a bench role this season. He’s in line to receive a $2 million salary if he makes the major league roster and can make an additional $3.5 million in incentives based on a set number of plate appearances. Now, however, his chances of cracking the roster out of spring training look considerably diminished, as his current timetable gives him an approximate return date of March 25 if all goes well.

Bourn had an impressive, if short-lived run with the Orioles following his trade to Baltimore last August, batting .283/.358/.435 with two home runs and a .793 OPS in 55 PA. While still somewhat removed from the totals that brought him an All-Star nod with the Braves in 2012, his defensive chops should give the Orioles some depth in center once he’s healthy again.