Saturday, May 5, 2012
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