lawsuit gavel

A-Rod’s cousin, Yuri Sucart, files an appeal challenging Major League Baseball’s Biogenesis lawsuit

50 Comments

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.

Evan Gattis undergoes surgery for hernia; recovery is 4-6 weeks

evan gattis
Otto Greule Jr/Getty Images North America
Leave a comment

Evan Drellich of the Houston Chronicle shares the bad news

One of the Astros’ big bats won’t be taking hacks when the Astros hold their first full workout on Feb. 23.

Astros designated hitter Evan Gattis recently underwent surgery to repair a hernia, the Chronicle has learned, taking away most of his spring training at a minimum. The recovery is four to six weeks but fortunately for Gattis and the Astros, the injury is not considered severe.

Gattis was working hard on his overall conditioning this winter, even telling MLB.com’s Brian McTaggart in late January that he had already dropped 18 pounds. It sounds like the big slugger might have gone a bit overboard with those workouts, and now he is in real danger of missing the first couple weeks of the 2016 regular season.

Gattis batted .246/.285/.463 with 27 home runs and 88 RBI in 153 games last season for the Astros. The 29-year-old is arbitration-eligible for the first time in his career and has a hearing with the Astros scheduled for February 16 to determine his salary for 2016. He requested $3.8 million and was offered $3 million when figures were exchanged a little over three weeks ago.

Suddenly the Astros’ front office might have a new talking point for those arbitrators.

Seung-Hwan Oh finally receives his work visa, will be on time for Cardinals camp

Screenshot 2016-02-09 at 8.01.48 PM
Chung Sung-Jun/Getty Images AsiaPac
1 Comment

At last check, new Cardinals reliever Seung-Hwan Oh was still awaiting a work visa from the United States Embassy in South Korea and there was some worry that he might not be able to arrive on time to spring training in Jupiter, Florida.

But that is now officially a non-story.

Derrick Goold of the St. Louis Post-Dispatch reports that Oh has recieved his work visa and is expected to report to Cardinals camp next week along with the rest of the club’s pitchers and catchers. Oh might even show up a bit earlier than the Cardinals originally asked him to, per Goold.

Oh saved 357 games in 11 seasons between Japan’s Nippon Professional Baseball and the Korea Baseball Organization before inking a one-year contract with St. Louis this winter. He also registered a stellar 1.81 ERA and 772 strikeouts across 646 total innings in Asia, earning the nickname “The Final Boss.”

Oh is expected to work in a setup role this year for Cardinals closer Trevor Rosenthal.

John Lamb had back surgery in December, will likely get off to late start in 2016

Screenshot 2016-02-09 at 6.00.13 PM
Dilip Vishwanat/Getty Images North America
Leave a comment

John Lamb was part of the Reds’ return package in last July’s Johnny Cueto trade and he had a strong showing at the Triple-A level in 2015. But the young left-hander posted a 5.80 ERA in a 10-start cup of coffee with Cincinnati late last season — his first 10 appearances as a major leaguer — and now comes word from MLB.com’s Mark Sheldon that Lamb will probably have to get off to a late start in 2016.

Lamb underwent surgery in December to repair a herniated disc in his back — a surgery that went unreported by the Reds until Tuesday afternoon. Reds manager Bryan Price acknowledged on MLB Network that Lamb is behind the team’s other starting pitchers and will likely open the coming season on the disabled list. The hope is that he might be ready by mid-April.

It’s a small but frustrating blow for a rebuilding Reds team that will be looking to establish some foundational pieces in 2016. Once he is recovered, Lamb will be expected to fill the Reds’ fifth rotation spot behind Raisel Iglesias, Anthony DeSclafani, Brandon Finnegan, and Michael Lorenzen.

This is going to be an ugly year for Cincinnati baseball fans.

Yu Darvish will report to spring training on time, hopes to begin mound work in March

Yu+Darvish+Toronto+Blue+Jays+v+Texas+Rangers+gjUYtDXd7vVl
Tom Pennington/Getty Images North America
Leave a comment

Rangers ace Yu Darvish missed the entire 2015 season after undergoing Tommy John reconstructive elbow surgery last March 17. Most starting pitchers take 13-15 months to fully recover from that procedure, and the Rangers aren’t counting on Darvish until sometime this May.

His rehab so far has gone on without issue.

Darvish offered some very positive updates Tuesday to Jeff Wilson of the Fort Worth Star-Telegram …

Darvish, 29, boasts a 3.27 ERA and 1.196 WHIP in 83 career major league starts. He can also claim a whopping 680 strikeouts in 545 1/3 career major league innings.

Texas has him under contract for $10 million in 2016 and $11 million in 2017.