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.

Tyler Moore: the ballplayer everyone is talking about

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For those who don’t know, Alexa is Amazon’s digital assistant product. It’s Amazon’s version of Siri or Google Home, but you can use it for a lot more stuff if you have a device such as the Amazon Echo. With simple voice commands it can turn on your lights, turn up your air conditioner, play your music, order stuff you’re running out of, answer questions you have and a bunch of other things. It may also snitch on you to the CIA, but that’s a topic left for another day.

Anyway, Amazon is pretty proud of its product and today sent me a press release touting how fans use Alexa to “get player stats, team records, starting lineups and more!” Amazon also gave me a list telling me how baseball fans have used Alexa in the past year:

“As we enter the MLB playoffs this year, we wanted to share a snapshot of the most asked about MLB players and teams among fans throughout this season, according to Alexa.”

Cool! I love lists. Let’s see who Alexa users are searching for!

Top 10 Asked About Players this MLB Season:

1. Tyler Moore
2. Albert Pujols
3. Aaron Judge
4. Mike Trout
5. Bryce Harper
6. David Ortiz
7. Alex Rodriguez
8. Anthony Rizzo
9. Clayton Kershaw
10. Chris Young

I don’t have any problem with 2-9 on this list, but I gotta tell ya friends, I’m not sure that America’s most searched-for ballplayer is a guy who Baseball-Reference.com lists first as a “pinch hitter” who is sporting a line of .206/.247/.377 for a team ranking 28th out of 30 in attendance this year. I’m also skeptical of Chris Young at number ten, and that’s even if you put the search totals for BOTH Chris Youngs together and count them as one.

It’s possible that there is far greater national curiosity for Moore and Young than I realized.  It’s also possible that Moore and Young’s parents are just heavy duty Alexa users.

I suspect though, quite strongly, that Alexa — or the P.R. staff touting its abilities — is having trouble distinguishing between Tyler Moore and Mary Tyler Moore, who passed away back in January and was likely the subject of many more people’s curiosity than the Nationals’ 2008 16th round draft pick. Though, I’m sure, if given the chance, Tyler could turn the world on with his smile too.

All of which might be a bit distressing for Amazon, given that it’s their business to make sure customers get what they’re looking for. It’s good for us as human beings, however, because it suggests that, perhaps, we are much farther away from the Rise of the Machines than we sometimes suspect.

Brad Ausmus seems to know he’s a dead man walking

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The Tigers have been terrible and the embarked on a rebuild this summer, shipping off Justin Verlander and multiple other players. Miguel Cabrera is hurt and may never be his old MVP-level self. It is, without a doubt, that the Tigers and their fans are about to begin a new chapter in the franchise’s history.

Such new chapters usually involve new managers. Fourth-year manager Brad Ausmus is still at the helm and the Tigers have made no public statement about his future. Ausmus, however, is a lame duck, with his contract ending a week from Sunday. He is also no fool. He seems to know very well that he’s not going to be around next year. From Katie Strang of The Athletic:

Ausmus, of course, has been on the hot seat several times. When Detroit exercised his option for this year, their refusal to extend it sent a pretty clear signal.

If this is the end of the road in Detroit for Baseball’s Most Handsome Manager, it will end with him having missed the playoffs in three of his four seasons at the helm of a star-studded team that was expected to Win Now, as they say. Yes, there were a lot of issues with the Tigers — their bullpen has always been a problem and the brass made a lot of questionable choices in signings and trades over the past few years — but there is no escaping the fact that Ausmus’ Tigers under achieved.