lawsuit gavel

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


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 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 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.

Orioles acquire Mark Trumbo from Mariners for Steve Clevenger

Mark Trumbo
AP Photo/Joe Nicholson
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As first reported by Bob Dutton of the Tacoma Tribune and now confirmed by CBS Sports’ Jon Heyman, the Mariners have traded first baseman and corner outfielder Mark Trumbo to the Orioles in exchange for catcher and first baseman Steve Clevenger. There is also a second player headed to Baltimore in the deal.

This feels like an admission from the O’s that they’re not going to be able to re-sign Chris Davis, who is said to be looking for more than $150 million in free agency.

Clevenger was out of options and the Orioles have both Matt Wieters and Caleb Joseph coming back at the catcher position. Wieters was due to become a free agent but accepted a one-year, $15.8 million qualifying offer from Baltimore last month.

Trumbo has always been a low-OBP guy and he rates as a poor defender everywhere he has played, but the 29-year-old has averaged 31 homers and 96 RBI for every 162 games in his six-year major league career. Camden Yards is a much better place than Safeco Field for him to show that power.

Cardinals finished runner-up to Red Sox in David Price sweepstakes

David Price
AP Photo/Orlin Wagner

These kind of after-the-ink-has-dried reports have to be taken with a grain of salt for a variety of reasons, but they’re fantastic conversation-starters …

Bob Nightengale of USA Today says the Cardinals “finished runner-up” to the Red Sox in the bidding for free agent left-hander David Price, who signed with Boston on Monday for a record seven years and $217 million.

There were reports early on that the Red Sox were going to have to overpay on Price because he wanted to either stay in Toronto or make the move to the more pitcher-friendly National League. And maybe they did go significantly above and beyond the next-best offer to land him.

But the report from Nightengale serves as an indication that the Cardinals are ready and willing to spend big money ahead of next week’s Winter Meetings in Nashville. Does that chunk of change now get directed toward Jason Heyward? Or might the Cardinals pounce one of the falling dominos in this still-loaded starting pitching market? What about both?

St. Louis lost Lance Lynn to Tommy John surgery last month and both Carlos Martinez and Michael Wacha carry some injury concerns into 2016. There’s money to spend there with a new billion-dollar local television deal about ready to kick in.

Pirates expressing interest in Justin Masterson

Justin Masterson
AP Photo/Ben Margot
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Pirates pitching coach Ray Searage has become the king of the reclamation project. And it sounds like he’s about to take on another big one …

Travis Sawchik of the Pittsburgh Tribune-Review reports that the Pirates have expressed interest in free agent Justin Masterson. The expectation is that it will be a one-year deal with the goal of rebuilding the right-hander’s value in an environment where many other struggling veteran pitchers have executed significant career turnarounds.

Masterson earned his first (and only) All-Star nod in 2013 when he registered a 3.45 ERA, 195 strikeouts, and three shutouts in 32 appearances with the Indians. But he had a 5.88 ERA in 128 2/3 innings between Cleveland and St. Louis in 2014 and he continued struggling to the tune of a 5.61 ERA with the Red Sox in 2015.

It’s not clear whether the Bucs would try him as a starter or reliever.

Zack Greinke deal “could come soon,” Dodgers and Giants lead the bidding

Zack Greinke
AP Photo/Mark J. Terrill

Jordan Zimmermann signed with the Tigers on Sunday for five years, $110 million. David Price signed with the Red Sox on Tuesday for seven years, $217 million.

Two big dominos have fallen in this loaded free agent market for starting pitchers, and another big one is about to go …

FOX Sports’ Ken Rosenthal says a deal for Zack Greinke “could come soon” and it’s currently “Dodgers vs. Giants” at the top of the bidding ladder.

ESPN’s Jerry Crasnick confirms that both the Dodgers and Giants are looking for an answer from Greinke, adding that the 32-year-old right-hander seeks a five- or six-year deal with a greater average annual value (AAV) than what Price just secured from Boston. That number would be $31 million, so we’re talking something close to $32 million through 2020-2021.

Greinke opted out of the remaining three years and $71 million contract with Los Angeles in October after posting a 1.66 ERA and 0.84 WHIP across 222 2/3 regular-season innings in 2015. He finished second to the Cubs’ Jake Arrieta in the National League Cy Young Award balloting.