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.

And That Happened: Thursdays scores and highlights

Atlanta Braves relief pitcher Arodys Vizcaino, right, is congratulated by catcher Tyler Flowers after earning a save during a baseball game against the Boston Red Sox at Fenway Park in Boston, Thursday, April 28, 2016. The Braves defeated the Red Sox 5-3. (AP Photo/Charles Krupa)
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Gonna mail this one in this morning. Partially because of the light slate of games yesterday, partially because of a late night for me but mostly because of the Dee Gordon news which has me thinking of a lot of other things I want to write about this AM.

It’s worth noting that the Braves won a game. It comes just ahead of a series at Wrigley against the Cubs, so the winning streak will likely last a single day, but the 2016 Braves have to take what they can get.

The Marlins had a notable night outside the Gordon news too, finishing off a sweep of the Dodgers, which had to make Don Mattingly happy. For what it’s worth, Gordon singled in a run and then came around to score in the seventh. His RBI tied it and the run he scored ended up being the one necessary for the Marlins’ margin of victory. That means nothing, but you know some jackwagons are gonna make a big deal out of that and I figured I’d get ahead of the jackwagons and note that, yes, Gordon and the Dodgers knew what was coming before it was announced because that’s how the appeals process works, but no, it makes no difference, because that’s how the appeals process works.

Anyway: Here are the rest of the scores:

Tigers 7, Athletics 3
Cubs 7, Brewers 2
Phillies 3, Nationals 0
Orioles 10, White Sox 2
Braves 5, Red Sox 3
Diamondbacks 3, Cardinals 0
Marlins 5, Dodgers 3
Pirates vs. Rockies — POSTPONED
: In the early morning rain with a dollar in my hand. And an aching in my heart, and my pockets full of sand. I’m a long way from home, and I miss my loved one so. In the early morning rain with no place to go.

Marlins 2B Dee Gordon suspended 80 games for PEDs

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LOS ANGELES — Dee Gordon has been suspended 80 games by Major League Baseball after the Miami Marlins second baseman tested positive for a performance-enhancing drug.

Gordon tested positive for exogenous Testosterone and Clostebol, MLB said in a release after the Marlins’ 5-3 victory over the Los Angeles Dodgers on Thursday night.

The fleet-footed Gordon won the National League batting title by hitting .333 last season and signed a $50 million, 5-year deal with Miami in January. He’s made two All-Star teams in his six seasons and won the Gold Glove and Silver Slugger awards at second base last year.

Gordon, the son of former major league pitcher Tom Gordon, had a key hit in Miami’s win over the Dodgers on Thursday. He’s batting .266 with six stolen bases this season.

Dee Gordon is a very important part of our team, and we all love him and support him,” Marlins president David Samson said. “That said, I don’t like or condone what he did. He is an important member of this organization and will be for many years to come. It’s a huge, huge disappointment to the kids, to our fans, to his teammates and to everyone in our organization every single day.

“He will be back 80 games from now, and he will be welcomed back to this organization. But in the interim period, we expect him, and we are positive that he will do everything that’s necessary to make it up to his fans, to his teammates and to this organization.”

Devon Travis will start taking at-bats in extended spring training

Toronto Blue Jays second baseman Devon Travis hits a RBI double to center field against the Tampa Bay Rays during third inning of a baseball game, Wednesday, April 15, 2015 in Toronto. (Nathan Denette/The Canadian Press via AP)  MANDATORY CREDIT
Nathan Denette/The Canadian Press via AP
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Blue Jays second baseman Devon Travis underwent left shoulder surgery last September. MLB.com’s Gregor Chisholm caught up with Jays head athletic trainer George Poulis for updates on several injured players, including Travis. Here’s what Poulis had to say about Travis:

“He’s going to get some live at-bats with the extended team down in Florida on Friday. Big step for him, he’s very excited, he’s doing great, and we’re very optimistic, but no timeline right now on his return. We’re just going day by day, step by step.

“When you have something like that, it continues to heal even when you’re playing. We’re just trying to acclimate him and condition him to withstand all of the stress that he’s going to put on his shoulder … He won’t play in the field right now. We’ll mix that in, as well, but right now he’s just going to get some at-bats.”

The key phrase, of course, is “no timetable”. The second baseman’s rehab has gone slower than expected. Getting into some extended spring training games, though, signals progress.

Travis, 25, broke out last season, hitting .304/.361/.498 with eight home runs and 35 RBI in 239 plate appearances last season. The Jays have had Ryan Goins and Darwin Barney handle second base duties this year, but their aggregate .560 OPS is the worst mark in the American League.

Report: Alex Rios has received offers, but is seeking a significant role

Kansas City Royals right fielder Alex Rios watches during batting practice before Game 6 of baseball's American League Championship Series against the Toronto Blue Jays on Friday, Oct. 23, 2015, in Kansas City, Mo. (AP Photo/Charlie Riedel)
AP Photo/Charlie Riedel
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We’re almost into May and outfielder Alex Rios remains teamless. MLB Network’s Jon Heyman reports that Rios has received offers, but he hasn’t accepted any yet because he’s seeking a job with a “significant role”. Ostensibly, that means a starting role or possibly a platoon role.

Rios, 35, was on last year’s championship-winning Royals team, but he hit a meager .255/.287/.353 with four home runs and 32 RBI in 411 plate appearances. It’s understandable if teams aren’t willing to gamble on him rediscovering his once-potent bat now that he’s in his mid-30’s.

Rios earned $11 million last year on a one-year deal with the Royals. Now, he may have to settle for a minor league contract. If Rios doesn’t receive a palatable offer, Heyman suggests he may retire.