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.

Video: Todd Frazier hits into a triple play in his first at-bat at Yankee Stadium

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Newly acquired third baseman Todd Frazier spent his first five games with the Yankees on the road, playing once in Minnesota and four games in Seattle. He was set to take his first at-bat as a Yankee at Yankee Stadium on Tuesday night against the Reds. Unfortunately, things didn’t quite go how he likely expected them.

The Yankees quickly loaded the bases on consecutive singles from Matt Holliday, Didi Gregorius, and Chase Headley to lead off the bottom of the second inning. That brought up Frazier in his first at-bat at Yankee Stadium. He got ahead in the count 3-1 against Luis Castillo before hitting a sharp grounder to shortstop Jose Peraza. Gregorius went back to second base because he thought the ball had a chance to be caught on a line. Peraza stepped on the second base bag, then fired to first base for the double play. Votto then threw across the diamond to Eugenio Suarez at third base, catching Gregorius out in no man’s land. Holliday scored in the meantime, breaking a 0-0 tie, but Gregorius was eventually called out for running out of the base line in a run down.

Frazier entered the evening with just two hits (both singles) and one walk in 18 plate appearances as a Yankee.

Report: Brewers to acquire Anthony Swarzak from the White Sox

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Jon Heyman of FanRag Sports reports that the Brewers have agreed to a deal with the White Sox for reliever Anthony Swarzak. The White Sox will receive 3B/OF Ryan Cordell in return.

It’s no secret that the 53-48 first-place Brewers are on the hunt for relief help. While closer Corey Knebel has been great, the Brewers have been shaky leading up to the ninth inning as Carlos Torres owns a 4.65 ERA and Oliver Drake 5.05.

Swarzak, 31, has posted a 2.23 ERA with a 52/13 K/BB ratio in 48 1/3 innings this season. He can become a free agent after the season.

Cordell, 25, hit .284/.349/.506 with 10 home runs and 45 RBI in 292 plate appearances at Triple-A Colorado Springs. He’s the Brewers’ No. 17 prospect, according to MLB Pipeline.