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Per ESPN: Braun Tests Positive, May Face 50 Game Suspension… (Part 3, Appeal underway)

RyDogg66

By RyDogg66,
in Milwaukee Brewers Talk

Patrick425 ACL Brewers

Patrick425

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Perhaps this has already been brought up, but is it possible that one of Braun's, his attorney's, and possibly the union's argument is that this whole case should be thrown out because MLB broke it's confidentiality agreement?

This would help the 2012 Brewers, but wouldn't help Braun's reputation. Everyone would see it as Braun getting off on a technicality and being a steroid user. If Braun is truly innocent, he does not want to go this route. And if it happens, every player would "leak" the information.

 

I get that and agree with that thought, I was just wondering if anyone thought that this could be a possibility. Also, I'm not neccesarily saying it's his entire defense. He might be saying, Hey,here is what happened, I'm innocent, but if you don't agree that I am, I also have a problem with the fact that this story was leaked and how it may affect the objectivity of MLB in the decision making process of this appeal.

User in-game thread post in 1st inning of 3rd game of the 2022 season: "This team stinks"

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pebadger First Round Pick

pebadger

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There is nothing that I have read in the drug agreement in the way of sanctions for violating the confidentiality agreement, except for the exclusively one-sided provision relating to MLB being able to go public with information if they feel it necessary to protect the drug program from public statements made by a player. (In other words, the agreement assumes that any unauthorized disclosure is a one-sided proposition).

 

Because the contract is silent on the point of a party seeking relief for damages caused by violation of the confidentiality provision, I'd think that Braun's lawyers would be able to investigate a number of different avenues for doing so if they chose to do so. That would probably tend to be a fairly complicated legal mess because you have the general collective bargaining agreement to deal with along with a bunch of other questions of contract and/or tort law to deal with.

 

In my opinion there is a lot of sloppiness in that drug agreement; sloppiness of the kind you wouldn't expect from the caliber of lawyers working for both sides in the negotiation process that produced the agreement. If anything I think that the sloppiness tends to support the argument that both sides simply accepted a template based upon the international model and then just sort of left it alone, as neither side wanted to get bogged down in reinventing that wheel or get into fights along those lines (fights which neither side was probably technically educated enough to fight in any event). They both just wanted something down on paper that was strong enough to get Congress to butt out of their business.

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monty57 ACL Brewers

monty57

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It's funny. If you look at the AMA site, it states that a breach of confidentiality is ethical, but not binding by law, and goes on to state that with technological gains, "access to confidential patient information has become more prevalent." However, if you go to a law firm's site, you're more likely to find that it is legally binding and a patient can sue over a breach of confidentiality.

 

The point about the databases containing information is intriguing (and scary). It is possible that someone outside of the "select few" would have access to the information if it were added to the medical databases. I don't know how these test are classified, but they are "health care," and I believe it is now generally required by law for most health care cases to be added to the databases. Basically, once it's added, anyone with access can find the information and if so willing, can do whatever they'd like with that information, such as selling it to a national media outlet.

"The most successful (people) know that performance over the long haul is what counts. If you can seize the day, great. But never forget that there are days yet to come."

 

~Bill Walsh

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Patrick425 ACL Brewers

Patrick425

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In regards to only a select few people knowing, I'm not sure how "select few" that can be. The leak happened 2 months after the failed drug test occured. I'm assuming that if Braun stated to MLB that he was going to appeal, then MLB would in turn notify their legal counsell and prep them on the facts of the drug test and failed results so that they could formulate an "argument" as to why the suspension should be upheld. In addition Braun's attorny(s) would be involved as well. It's not like just Braun and an MLB official knew about the failed test. I would guess that once the appeal process is set in motion (before the actual appeal hearing) as many as 6-10 people know about the situation. Their could have been some careless handling of files or information by one of the attorneys involved (or Braun's agent) and the leak could have come from some clerk inside one of the law offices (either on MLB's side or Braun's side).

User in-game thread post in 1st inning of 3rd game of the 2022 season: "This team stinks"

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brwrsfan First Round Pick

brwrsfan

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So I get home from work today, flip on ESPN. And see that the MLB tag on the bottom line is highlighted...due to breaking news. So I sit and stare at it impatiently until it makes it all the way to it, seemed like an eternity. Then it finally comes up and it's about Manny Ramirez. Man was I disappointed, annoyed, mad and a lot of other things. GRRR.
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RayKingsForemanGrill Draft Eligible

RayKingsForemanGrill

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Yesterday, I mis-clicked and wound up on Page 1 of comments in this thread instead of Page 70. My heart sank as I read the doom and gloom on that page figuring a verdict had come down last night. Imagine my relief when I realized I had accidentally clicked the first page.

 

This fan needs a resolution soon... Free Ryan Braun!

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JohnBriggs12 Biloxi Shuckers

JohnBriggs12

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Speaking of ESPN, they are certainly mum on this story now aren't they? As breakers of the initial story you would think they'd be trumpeting an impending suspension announcement as a validation. Yet there isn't a story on their baseball page that even reflects that a decision was pending.
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jjfanec ACL Brewers

jjfanec

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I know some will say ESPN isn't saying anything because there really isnt any new news but has that stopped them before. Remember the constant reporting of nothing new with Brett Favre. They loved sensationalized stories and MLB's reigning MVP failing a test is a huge story, so it is strange all they have said in the last few weeks is that a decision is coming
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DatHoser Draft Eligible

DatHoser

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When Braun is found innocent, can we please delete this whole thread, i never want to see this topic again.

 

Seconded. While this is the first thread I check every day, as well, I certainly won't mind seeing it go away once Mr. Das renders his judgment.

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