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

50 Comments

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.

Blue Jays clinch 1st playoff spot since 2016, beat Yanks 4-1

Gregory Fisher-USA TODAY Sports
Leave a comment

BUFFALO, N.Y. (AP) Barred from playing in their own ballpark this year because of COVID-19, the vagabond Toronto Blue Jays have found a home in the playoffs.

The slumping New York Yankees, meanwhile, look likely to play on the road in the postseason, where they’ve struggled all year.

Hyun Jin Ryu pitched seven shutout innings and the Blue Jays clinched their first postseason spot since 2016, beating the Yankees 4-1 Thursday night and further damaging New York’s chances of hosting a first-round series.

New York lost for the fourth time in five games following a 10-game winning stretch and remained two games behind the slumping White Sox for the fourth seed. Chicago lost 5-4 at Cleveland, its fifth straight defeat.

“We’ve got to get it rolling again, obviously, if we’re going to get to where we want to go,” Yankees manager Aaron Boone said. “I’m confident we can do it.

New York went 21-7 at home this season but was 11-18 on the road. Boone said he’s not concerned about that split even as a potential road playoff series looms next week.

“We’ve got to get ourselves in order and start playing really good baseball if we’re going to give ourselves a chance,” Boone said.

Toronto secured at least an AL wild-card spot and ensured its eighth trip overall to the postseason. The Blue Jays had endured three losing campaigns since their previous playoff trip, going 67-95 last season.

“I’m just so proud of my club and everything we’ve gone through all year,” second-year manager Charlie Montoyo said.

Canada’s federal government refused to allow games at Toronto’s Rogers Centre this season, citing the closed Canada-U.S. border and the travel risk associated with the pandemic. Stuck on the road to start the season, the Blue Jays eventually ended up at their Triple-A ballpark, Sahlen Field in Buffalo, but didn’t gripe about their fate.

“They never complained,” Montoyo said. “They had their mind set on getting to this moment right now.”

Blue Jays players embraced after Rafael Dolis struck out Aaron Hicks to end it, donning blue T-shirts that said “Respect Toronto.”

“This is something we want to make an every year thing,” infielder Cavan Biggio said. “For us, we’re happy, we’re excited we’re able to put ourselves in this position, but this is only the start of hopefully something special for a long time.”

The Blue Jays trail the Yankees by two games for second place in the AL East. Both teams have three games remaining. Toronto hosts Baltimore in Buffalo this weekend while the Yankees host the Marlins.

New York failed to hit a homer for the fourth straight game, matching its longest streak since June 2016. It’s the first time the Yankees have failed to homer in a four-game series since doing so at Texas in July 2013.

“I’m concerned with the way we’ve played recently,” outfielder Brett Gardner said. “Any time you’re not playing your best baseball and the postseason is right around the corner, something needs to be corrected rather quickly.”

New York loaded the bases with two outs in the eighth, but pinch-hitter Gary Sanchez flied out to deep center, where Randal Grichuk made a leaping catch at the wall.

“It’s good to see him get a really good swing off in a big spot,” Boone said of Sanchez. “Just unfortunately, that short.”

Vladimir Guerrero Jr. homered for Toronto, his eighth.

Ryu (5-2) scattered five hits, walked two and struck out four. Luke Voit and Hicks hit back-to-back singles to begin the sixth but Ryu struck out Giancarlo Stanton, got Gleyber Torres to fly out, and retired Gio Urshela on a groundball.

“He’s an ace and he did what an ace does,” Montoyo said.

The left-hander lowered his ERA from 3.00 to 2.69.

Dolis got four outs for his fifth save in six chances.

Guerrero opened the scoring with a solo homer off left-hander Jordan Montgomery (2-3) in the second.

The Blue Jays extended their lead when Biggio and Bo Bichette hit back-to-back, two-out doubles in the third.

Toronto made it 4-0 in the sixth. Grichuk chased Montgomery with a single and Guerrero singled off Adam Ottavino before rookie Alejandro Kirk hit a two-out, two-run double.

Montgomery lost for the first time in four starts. He allowed three runs and six hits in 5 1/3 innings.

The Blue Jays finished 5-5 in their 10-game regular season series against the Yankees.

TRAINER’S ROOM

Blue Jays: RHP Nate Pearson (elbow) was activated off the injured list and RHP Wilmer Font was designated for assignment. . RHP Jordan Romano (strained right middle finger) will throw a second bullpen session Friday.

Yankees: Aaron Judge came on as a pinch-hitter but is expected to start all three remaining regular season games, Boone said.

SHARED DUTY

Boone said he expects to use both Sanchez and Kyle Higashioka at catcher in the postseason. Higashioka has hit well while working with ace Gerrit Cole, while Sanchez has struggled with both offense and his defense down the stretch.

SEVEN UP

Ryu became the first Blue Jays starting pitcher since Aug. 22, 2019, to pitch into the seventh. It had been an MLB-record 88 games since RHP Jacob Waguespack pitched into the seventh at Dodger Stadium last year.

UP NEXT

Yankees: LHP J.A. Happ (2-2, 3.25) starts Friday as New York returns home to begin a three-game series against Miami. RHP Sandy Alcantara (3-2, 3.12) starts for the Marlins.

Blue Jays: RHP Taijuan Walker (4-3, 2.86) starts Friday in the opener of a three-game series against Baltimore. The Orioles have not named a starter.