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.

Biden praises Braves’ ‘unstoppable, joyful run’ to 2021 win

Geoff Burke-USA TODAY Sports
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WASHINGTON — President Joe Biden said the Atlanta Braves will be “forever known as the upset kings of October” for their improbable 2021 World Series win, as he welcomed the team to the White House for a victory celebration.

Biden called the Braves’ drive an “unstoppable, joyful run.” The team got its White House visit in with just over a week left before the 2022 regular season wraps up and the Major League Baseball playoffs begin again. The Braves trail the New York Mets by 1.5 games in the National League East but have clinched a wildcard spot for the MLB playoffs that begin Oct. 7. Chief Executive Officer Terry McGuirk said he hoped they’d be back to the White House again soon.

In August 2021, the Braves were a mess, playing barely at .500. But then they started winning. And they kept it up, taking the World Series in six games over the Houston Astros.

Biden called their performance of “history’s greatest turnarounds.”

“This team has literally been part of American history for over 150 years,” said Biden. “But none of it came easy … people counting you out. Heck, I know something about being counted out.”

Players lined up on risers behind Biden, grinning and waving to the crowd, but the player most discussed was one who hasn’t been on the team in nearly 50 years and who died last year: Hall of Famer Hank Aaron.

Hammerin’ Hank was the home run king for 33 years, dethroning Babe Ruth with a shot to left field on April 8, 1974. He was one of the most famous players for Atlanta and in baseball history, a clear-eyed chronicler of the hardships thrown his way – from the poverty and segregation of his Alabama youth to the racist threats he faced during his pursuit of one of America’s most hallowed records. He died in January at 86.

“This is team is defined by the courage of Hank Aaron,” Biden said.

McGuirk said Aaron, who held front office positions with the team and was one of Major League Baseball’s few Black executives, was watching over them.

“He’d have been there every step of the way with us if he was here,” McGuirk added.

The president often honors major league and some college sports champions with a White House ceremony, typically a nonpartisan affair in which the commander in chief pays tribute to the champs’ prowess, poses for photos and comes away with a team jersey.

Those visits were highly charged in the previous administration. Many athletes took issue with President Donald Trump’s policies and rhetoric on policing, immigration and more. Trump, for his part, didn’t take kindly to criticism from athletes or their on-field expressions of political opinions.

Under Biden, the tradition appears to be back. He’s hosted the NBA champion Milwaukee Bucks and Super Bowl champion Tampa Bay Buccaneers at the White House. On Monday he joked about first lady Jill Biden’s Philadelphia allegiances.

“Like every Philly fan, she’s convinced she knows more about everything in sports than anybody else,” he said. He added that he couldn’t be too nice to the Atlanta team because it had just beaten the Phillies the previous night in extra innings.

Press secretary Karine Jean-Pierre was later questioned about the team’s name, particularly as other professional sports teams have moved away from names – like the Cleveland Indians, now the Guardians, and the Washington Redskins, now the Commanders – following years of complaints from Native American groups over the images and symbols.

She said it was important for the country to have the conversation. “And Native American and Indigenous voices – they should be at the center of this conversation,” she said.

Biden supported MLB’s decision to pull the 2021 All-Star Game from Atlanta to protest Georgia’s sweeping new voting law, which critics contend is too restrictive.