Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Saturday, May 5, 2012

Baseball Player Beats Drug Test

Braun Wins on Appeal is an interesting Feb. 23, 2012 New York Times article. A professional baseball player was suspended for a positive test. He challenged the test in arbitration and won. It appears that Major League Baseball could not establish a proper chain of custody and therefore, could not guarantee that the sample was not tampered with. 

This is a fairly common claim in arbitration, one I have even made. However, arbitrators rarely accept this defense. 

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2012/05/baseball-player-beats-drug-test.html

Arbitration Law | Permalink

Comments

This was just a technicality. I wouldn't count on such an outcome next time especially with the amount of drug testing being conducted on athlestes these days.

Posted by: Mel L. | Jul 13, 2012 7:08:47 PM

Great news. i want to say congrats to Braun who won the case against positive drug test. It is great news for Baseball lovers.

Posted by: hair follicle drug test | Oct 11, 2012 4:09:24 AM

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