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.

The Padres have homered in 25 consecutive games, tying an NL record

SAN DIEGO, CALIFORNIA - JULY 16:  Adam Rosales #9 of the San Diego Padres hits an RBI single during the tenth inning of a baseball game against the San Francisco Giants at PETCO Park on July 16, 2016 in San Diego, California.   (Photo by Denis Poroy/Getty Images)
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A third-inning two-run home run by Adam Rosales off of R.A. Dickey put the Padres up 2-0, but it also helped the Padres tie a National League record. The Padres have homered in 25 consecutive games, matching the 1998 Braves, the 1994 Tigers, and the 1941 Yankees. The major league record is 27, set by the 2002 Rangers.

The Padres hit three in total on Wednesday in an 8-4 victory against the Blue Jays. One of those dingers was an eighth-inning solo shot by rookie Alex Dickerson, who has now homered in four consecutive games himself. The one he hit on Monday is worth watching, as it got into the upper deck at the Rogers Centre.

As the Padres recently traded Melvin Upton, Jr. to the Jays, Dickerson is likely going to see regular playing time. That’s especially true if he keeps hitting like this.

Braves trade Lucas Harrell and Dario Alvarez to the Rangers

CINCINNATI, OH - JULY 20: Lucas Harrell #63 of the Atlanta Braves pitches in the second inning against the Cincinnati Reds at Great American Ball Park on July 20, 2016 in Cincinnati, Ohio. (Photo by Joe Robbins/Getty Images)
Joe Robbins/Getty Images
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The Braves have traded pitchers Lucas Harrell and Dario Alvarez to the Rangers, MLB.com’s Mark Bowman reports. The Rangers are sending 21-year-old infielder Travis Demeritte to the Braves, per MLB.com’s T.R. Sullivan.

Harrell, 31, has made five starts for the Braves this season, posting a 3.38 ERA with a 21/12 K/BB ratio in 29 1/3 innings. The rest of his season has been spent at the minor leagues, including Double-A Erie and Triple-A Toledo with the Tigers, as well as Triple-A Gwinnett with the Braves.

Alvarez, 27, has an even 3.00 ERA with a 28/5 K/BB ratio in 15 innings of relief for the Braves. He throws from the left side so he’ll give a particular boost to the Rangers’ bullpen when needed.

Demeritte was taken in the first round — 30th overall — by the Rangers in the 2013 draft and was considered the Rangers’ 20th-best prospect by MLB Pipeline. This year, with Single-A High Desert, he has hit .272/.352/.583 with 25 home runs and 59 RBI in 378 plate appearances. He has played second base almost exclusively, but has also logged time at shortstop and third base in his minor league career.

Harrell will be arbitration eligible for the first time after the season. Alvarez has accrued only 61 days of service time.