A-Rod’s Cousin Files Appeal Challenging MLB’s Biogenesis Lawsuit
Now A-Rod’s cousin is getting in on the Biogenesis action.
A-Rod’s cousin Yuri Sucart has filed an appeal on Major League Baseball’s lawsuit against Biogenesis.
The lawsuit is what gave MLB a way to Tony Bosch, who then led them to A-rod, Ryan Braun and others tied to the clinic. Although Sucart is not a defendant in the lawsuit MLB did seek to take his deposition and sought to obtain documents and his medical records.
Sucart is challenging MLB’s right to do so and is seeking an order from the court to prevent the deposition from taking place. His efforts were denied, so today he filed a writ with a Florida appellate court
NBC Sports reported the following:
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.
MLB will have a chance to respond to Sucart’s argument, and it will be weeks if not months before the court rules.
Sucart’s attorney, Jeffrey Sonn said if Sucart’s challenge is successful it would not only mean the end of the Biogenesis case but could ‘make waves’ for player-owner relationships as a whole. He then stated:
“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.”
Although this won’t realistically be able to do anything for those who MLB has already suspended, the ruling in this case could affect how MLB pursues cases similar to this in the future though.
Interesting to see how this could affect A-rod, who as we all know is appealing the 211 game suspension he was dealt.
Another layer to the never ending story.