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.

What’s on Tap: Previewing Monday’s action

CLEVELAND, OH - SEPTEMBER 21: Starter Corey Kluber #28 of the Cleveland Indians pitches during the first inning against the Kansas City Royals at Progressive Field on September 21, 2016 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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The Indians, leading by one game over the Tigers, can clinch the AL Central on Monday night and they’ll have their best starter going for them in Corey Kluber. Kluber will match up against the Tigers’ Buck Farmer in a 7:10 PM EST start at Comerica Park.

Kluber won the American League Cy Young Award in 2014, going 18-9 with a 2.44 ERA, but regressed last season, finishing with a league-worst total of 16 losses and a 3.49 ERA. Thankfully for the Indians, he bounced back in 2016. He’ll enter tonight’s start with an 18-9 record, a 3.11 ERA, and a 224/56 K/BB ratio in 211 innings. Among qualified starters in the AL, Kluber is fourth-best in ERA behind Michael Fulmer, Masahiro Tanaka, and Rick Porcello.

Kluber’s best case for the Cy Young is a Sabermetric one. Though his record is good, Porcello shares his 3.11 ERA but with a 22-4 record. Kluber, however, has the best Fielding Independent Pitching (FIP) in the league at 3.11. FIP, for the uninitiated, is a “retrodictor.” In other words, it attempts to figure out what a pitcher’s ERA should have been if defense weren’t a factor. Kluber shines with a 26.6 percent strikeout rate that ranks as the fourth best in the league and a 6.7 percent walk rate that is the 17th-lowest. xFIP is like FIP but it assumes a home run rate close to the league average (about 10 percent as a percentage of fly balls). Kluber falls back to fifth in the league at 3.46 here, but the only players above him have much worse real results. So, even xFIP bolsters Kluber’s case for the Cy Young Award.

If Kluber is able to help the Indians beat the Tigers on Monday night, the club will have won a division title for the first time since 2007. That was when the club was led by CC Sabathia, then all of 26 years old. It’s been a long time coming for the Indians.

The rest of Monday’s action…

Arizona Diamondbacks (Archie Bradley) @ Washington Nationals (Tanner Roark), 7:05 PM EDT

Chicago Cubs (Kyle Hendricks) @ Pittsburgh Pirates (Chad Kuhl), 7:05 PM EDT

New York Yankees (Luis Severino) @ Toronto Blue Jays (J.A. Happ), 7:07 PM EDT

New York Mets (Bartolo Colon) @ Miami Marlins (Adam Conley), 7:10 PM EDT

Milwaukee Brewers (Matt Garza) @ Texas Rangers (Martin Perez), 8:05 PM EDT

Seattle Mariners (Hisashi Iwakuma) @ Houston Astros (Collin McHugh), 8:10 PM EDT

Tampa Bay Rays (Drew Smyly) @ Chicago White Sox (James Shields), 8:10 PM EDT

Cincinnati Reds (Tim Adleman) @ St. Louis Cardinals (Jaime Garcia), 8:15 PM EDT

Oakland Athletics (Sean Manaea) @ Los Angeles Angels (Jered Weaver), 10:05 PM EDT

Officials: Speed, impact likely killed Jose Fernandez

MIAMI, FL - AUGUST 03: Jose Fernandez #16 of the Miami Marlins looks on during a game against the New York Mets at Marlins Park on August 3, 2015 in Miami, Florida.  (Photo by Mike Ehrmann/Getty Images)
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Some details have been released in connection with the investigation into the boat crash which killed Jose Fernandez.

Lorenzo Veloz, an official with the Florida Wildlife Commission, told USA Today that the boat carrying Jose Fernandez and two others was traveling at a high rate of speed when it struck rocks as it approached a channel near the port of Miami. While autopsy results have not yet been released, it is likely that trauma from the crash, and not drowning, is what killed the boat’s passengers. Veloz said it did not appear that Fernandez was driving and that, while it was a boat he used often, it did not belong to him. Rather, it belonged to one of the other men killed in the crash.

Veloz said neither drugs nor alcohol are believed to have been a factor in the crash. Toxicology results will take some time, however.

It is estimated that the boat was traveling at full speed, between 55 and 65 miles per hour, when it hit rocks and capsized.