Ryan Braun Wins Appeal

[mu03eng]

Actually that is true.  No mlber has successfully appealed before braun.  See the JS article.

Can't find the story to link, but players have successfully appealed the results of the first test during internal review.  Have no appealed arbitration result....because of the leak, internal review was skipped and sent to arbitration directly.  So I guess you could say we are both technically correct.

[chapman]

The result of the test was that he had twice as much testosterone in his sample than any player in MLB history.  You can't change the result in arbitration, it is the result.  You can only challenge how the test was done and argue that something must have gone wrong, and point out any flaws in the process, the test, the chain of custody (possibility for mix-up, tampering, or contamination), etc.

This.  You either argue that one of the most reputable labs in the world tested the sample incorrectly, or that the guy who held onto your pee for 48 hours shouldn't have.  You don't do both - that immediately calls your credibility into question.  And as soon as you invalidate one portion of the process, the rest is irrelevant.

Good thoughts:
http://danny-knobler.blogs.cbssports.com/mcc/blogs/entry/8590096/34964084

[GGGG]

+1

Why sue?  because his rights were violated per the collective bargaining agreement with MLB and the union.  In addition this has got to be a HIPPA violation

ESPN isn't beholden by HIPPA...nor is it beholden by collective bargaining.  

You guys realize that freedom of press is a Constitutional right correct???  Unless they can prove that ESPN knowingly told a lie and mean to cause harm, Braun would have no case.

[BM1090]

Braun's sample did not sit "at Fed-Ex" for 48 hours. The collector "thought that Fed-Ex was closed" and didn't deliver it for two days.

It sat at a random collectors house for two days. He could have tainted it if he wanted to. Did he? who knows. Did Braun cheat? Maybe.

The appeal was ruled correctly. Cubs fans are going to think that it wasn't tainted. Brewers fans will think it was tainted. Braun and his lawyers are speaking tomorrow and maybe we will have explanations.

[mu03eng]

ESPN isn't beholden by HIPPA...nor is it beholden by collective bargaining.  

You guys realize that freedom of press is a Constitutional right correct???  Unless they can prove that ESPN knowingly told a lie and mean to cause harm, Braun would have no case.

See this is my ignorance showing....how can the press report on any medical records without the person releasing the information?  Is this a case of the medical professions are bound by HIPPA but if they spill the beans the press can report away??

[GGGG]

See this is my ignorance showing....how can the press report on any medical records without the person releasing the information?  Is this a case of the medical professions are bound by HIPPA but if they spill the beans the press can report away??

Yes.  Medical professionals are only bound by HIPPA and it is only a civil penalty...not a criminal act.

ESPN could only be sued if it knowingly told a lie and meant to cause harm.

[MUMac]

Yes.  Medical professionals are only bound by HIPPA and it is only a civil penalty...not a criminal act.

ESPN could only be sued if it knowingly told a lie and meant to cause harm.

Not only medical professionals.  It expands to healthcare providers, plans and clearinghouses.  You are correct, though, not everyone is bound by HIPPA.  That is often misunderstood.

[Benny B]

Yes.  Medical professionals are only bound by HIPPA and it is only a civil penalty...not a criminal act.

ESPN could only be sued if it knowingly told a lie and meant to cause harm.

Is malice the appropriate threshold; I may be wrong, but I don't think negligence is a defense for libel.  In other words I think ESPN could be found responsible if they negligently ignored reasonable grounds to suspect that both a) the information they reported was erroneous and b) that if reported it could cause harm.

I don't think that's the case, however; even if it was, that's a tall order for Braun to prove.

If I were a litigator looking to make a buck, I would go after ESPN solely in an attempt to produce who actually leaked the info, and if then sue that person's employer (be that WADA, MLB or FedEx).  However, it's likely that ESPN won't reveal, so some proud journalist would likely sit in jail for 30 days on contempt, get released, and the whole case likely dies at that point.

EDIT: Now if the case were that the courier or someone at WADA knowingly tainted the sample, I'm sure something like that would carry not only civil but likely criminal penalties as well.

Bottom line here is that Braun probably wants this to go away ASAP, so no action is going to be taken from his side.  MLB is going to huff and puff for a few months so to keep up their facade, but doing so is a double-edged sword because Braun is the reigning MVP and one of the "faces" of their brand.  If they keep dragging him through the ringer, they'll only end up hurting themselves.  By the time the playoffs roll around, most of this will be forgotten.

[4everwarriors]

Could go away a whole quicker. Actually, as soon as someone else gets their tit in the wringer.

[Hards Alumni]

Here are my thought on the situation.

We will never know for sure whether Ryan was doping or not.  Just because he got off on a technicality does not mean he was doping.  It was simply the only way he could get out of the suspension.  This was clearly the BEST defense so it is what they went with.

There are rules for chain of custody for a reason.  It protects players from tampering with their specimen.  Whether or not the tampering occurred is completely irrelevant.

[MUMac]

Here are my thought on the situation.

We will never know for sure whether Ryan was doping or not.  Just because he got off on a technicality does not mean he was doping.  It was simply the only way he could get out of the suspension.  This was clearly the BEST defense so it is what they went with.

There are rules for chain of custody for a reason.  It protects players from tampering with their specimen.  Whether or not the tampering occurred is completely irrelevant.

Agree.  My thought's exactly.

[MerrittsMustache]

Kudos to Braun and his people for getting him off on a technicality. However, outside of Milwaukee, he'll always be considered a cheater.

[GGGG]

Kudos to Braun and his people for getting him off on a technicality. However, outside of Milwaukee, he'll always be considered a cheater.

Yep.....just like Bonds and McGuire.

[Warriors10]

ESPN was wrong about it even being a positive test for PEDs, I have little faith they are reporting all the facts about this process.

Wait til tomorrow and the upcoming days before you are all quick to judge.  That being said, in arbitration they are not required to disclose the reasonings for their decision and the whole process, so we may never know.

[dwaderoy2004]

How do you know?  Cause ryan braun said so?

[BM1090]

How do you know?  Cause ryan braun said so?

How do you know? Because you choose to believe so? None of us know anything.

Fact is Ryan Braun was cleared by the same arbitrator who had never cleared anyone before.  That has to count for something

[cheebs09]

Will Carroll is a writer for SI that specializes in medical issues and PED's. He has been tweeting that Braun's team recreated the circumstances and showed that it matched what the original positive showed. I don't think we've hit the tip of the iceberg yet on what actually happened in this, but Carroll is saying that the chain of custody issue was just the beginning of their defense.

It will be interesting to see how much detail Braun goes into tomorrow.

[BM1090]

Yep. Among Carrol's tweets:


Brauns appeal was won on the scientific argument, I am told. No specific precedent set here. I'm curious if the substance will leak.

And


Quit calling Braun decision a technicality, media. It was decided on science.

 

And

 

Defense wasn't based on that it could happen, but how it DID happen.

 

And one last one......

 

The Braun decision was based on HOW the sample was corrupted. Panel was shown exactly what happened, why result was invalid.

[cheebs09]

Also said he has an article in where he explains more about Braun's appeal. In case anyone is following this with the interest level I am haha.

[Blackhat]

I'm not the expert 4never is on herpes cream but he sure picked an opportune time to raise up his T levels.

[Blackhat]

Yep.....just like Bonds and McGuire.

Don't forget Sosa.

[wadesworld]

Yep. Among Carrol's tweets:


Brauns appeal was won on the scientific argument, I am told. No specific precedent set here. I'm curious if the substance will leak.

And


Quit calling Braun decision a technicality, media. It was decided on science.

 

And

 

Defense wasn't based on that it could happen, but how it DID happen.

 

And one last one......

 

The Braun decision was based on HOW the sample was corrupted. Panel was shown exactly what happened, why result was invalid.

Aww, what are Cubs fans going to have as their new excuse      ?

As far as the MLB releasing a statement saying the "vehemently disagree" with the decision, of course they do, they are covering their own ass!  How on earth can they "vehemently disagree" with THEIR OWN PROCESS?!  If they don't like it, then this shouldn't be the process.  He has a right to an appeal and he won his appeal.  That is the MLB process!

[NavinRJohnson]

As far as the MLB releasing a statement saying the "vehemently disagree" with the decision, of course they do, they are covering their own ass!  How on earth can they "vehemently disagree" with THEIR OWN PROCESS?!  If they don't like it, then this shouldn't be the process.  He has a right to an appeal and he won his appeal.  That is the MLB process!

This. This is the real ridiculous part of this. MLB completely undermined the jointly administered process that they agreed to. With that comment they inherently (vehemently) stated that their process is flawed. Just dumb.

[dwaderoy2004]

They don't disagree with the process.  They disagree with the decision.  There is a big difference.  Still curious to hear how 20 times the normal amount of testosterone found its way into sealed vials of Braun's urine.  Seems strange, no matter how long they sat in someone's basement before being shipped.

[DJO's Pump Fake]

So happy for Braun, and the whining by Cubs fans on here is hilarious.

Bottom line, he has never tested positive, he passed 3 tests this year, one of which was right after the one in question.

If you don't trust the independent arbitrator then what do you trust?

Let's go Crew, defend that division title!