lawsuit gavel

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.

Casey McGehee signs one-year deal with Yomiuri Giants

DETROIT, MI - AUGUST 19: Casey McGehee #31 of the Detroit Tigers singles in the fourth inning of the game against the Boston Red Sox on August 19, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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Former Tigers infielder Casey McGehee has reportedly signed a one-year deal with the Yomiuri Giants of Nippon Professional Baseball, according to FOX Sports’ Ken Rosenthal.

It’s the fourth move the corner infielder has made in the last two seasons after seeing short-term stints with the Marlins, Giants and Tigers. He signed a minor league deal with the Tigers prior to the 2016 season, providing the club with some infield depth behind 24-year-old Nick Castellanos. When Castellanos hit the disabled list in August with a broken hand, McGehee was recalled from Triple-A Toledo for a 30-game stint and slashed .228/.260/.239 with one extra-base hit in 96 PA. His career batting line (.258/.317/.384 over eight seasons) isn’t too shabby, but his age and a long history of knee injuries puts a damper on his potential.

McGehee last appeared in the NPB circuit in 2013, when he signed a one-year, $1.5 million deal with the Tohoku Rakuten Golden Eagles. He spent the bulk of his season at the hot corner, batting an impressive .292/.396/.515 with 28 homers in 590 PA and appearing in the Eagles’ first and only championship run to date.

The deal comes with a club option for 2018, Rosenthal reports, though no figure has been specified.

Report: Dodgers could pursue three-year deal with Rich Hill

LOS ANGELES, CA - OCTOBER 18:  Rich Hill #44 of the Los Angeles Dodgers pitches in the first inning against the Chicago Cubs in game three of the National League Championship Series at Dodger Stadium on October 18, 2016 in Los Angeles, California.  (Photo by Harry How/Getty Images)
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Free agent left-hander Rich Hill is rumored to be entertaining a three-year, $40+ million offer from the Dodgers, reports Peter Gammons. The Boston Globe’s Nick Cafardo corroborated the report, adding that Hill could receive somewhere between $46 and $48 million from his former team.

Hill, 36, pitched to a 2.12 ERA and 3.91 FIP in back-to-back stints with the Athletics and Dodgers in 2016. While a chronic case of blisters on his pitching hand limited the frequency of his starts, he still figures to be one of the most productive and noteworthy starting pitchers on the market this winter.

The Orioles, Yankees, Red Sox, Rangers and Astros have all been mentioned as potential suitors for the left-hander’s services, though Orioles’ GM Dan Duquette said the club has yet to make a play for Hill and ESPN’s Jim Bowden pointed out that the Red Sox are less involved in trade talks than other interested parties.