Can someone help me with a legal question?

Rain

http://espn.go.com/mlb/story/_/id/9350185/mlb-asks-fedex-phone-records-ped-investigationNEW YORK -- Major League Baseball's lawyers have secured court subpoenas to Federal Express, AT&T Mobility and T-Mobile USA in an attempt to gain records for its investigation of players suspected of using performance-enhancing drugs. The subpoenas were issued May 23, according to a case file in Florida's Circuit Court for Miami-Dade County, where MLB sued Biogenesis of America, anti-aging clinic head Anthony Bosch and five others in March. Bud Selig and baseball are walking a fine line with the apparent intent to punish the Biogenesis 20. It could cost the game its labor peace, Howard Bryant writes. A court directed Federal Express to turn over to MLB its shipment records for Biogenesis, Bosch, the other defendants and a long list of individuals who appeared to be affiliated with Bosch. MLB had requested the phone companies for call records, texts and subscriber info for the phones of Juan Carlos Nunez, an associate of outfielder Melky Cabrera who was banned from big league clubhouses last year, and Porter Fischer, who was affiliated with the now-closed anti-aging clinic. In addition, a subpoena was issued for Biogenesis and related entities in March, seeking records involving major leaguers and 70 banned substances. No players were mentioned by name. Bosch agreed this week to cooperate with MLB's investigation. Because any discipline could be challenged by the players' association in grievances before an arbitrator, MLB likely would want records to corroborate any testimony. There was no indication in the files whether the companies planned to challenge the subpoenas. "FedEx complies with all valid subpoenas and we are unable to comment further," company spokesman Scott Fiedler said. AT&T Mobility spokesman Mark Siegel said he was looking into the matter, and T-Mobile spokeswoman Anne Marshall did not return a phone call and an email seeking comment. So my question is...how in the hell can MLB ask for records from FedEx? Can I ask a judge to give ME records because I'm running an investigation on my wife's cheating ways? I understand they did not ask for the records, but I think it says they're bringing FedEx to court to ask for the records..wait, I just confused myself. This is a comment from the article that sort of sums up how I feel.."Why in the world would a US court compel a private company to turn over records of anything to another private company? This is not criminal matter. The drugs in question are not illegal, just against MLB rules. This is a dangerous precedent in terms of US law."

perkinke

I was a trial court clerk for almost 7 years, so I'll give you what I know, take it for what it's worth, and remember, i'm not an attorney, I just had to listen to their BS for 10 hours a day.

The answer is "it depends." **** answer but true. It depends on the type of case filed, and it depends on the jurisdiction, the rules from state to state vary a little. If MLB has sued or is thinking of suing someone over the violation of contract in civil court they can file motions for subpoenaing records that, if issued, have the force of the courts behind them. Now, one thing to remember is that the companies have the right to request a hearing to quash the subpoenas, but civil law is really squishy and outside of an obviously frivolous request (fishing expeditions) or to protect trade secrets or professional confidentiality (doctors, other lawyers, clergy, etc.) I don't think there are a lot of grounds to quash a subpoena. The closest parallel I can think of is the music piracy garbage, the RIAA sued the internet providers for IP addresses and usage by its customers and they were often required to turn the records over.

The other caveat is I don't know what the contracts between the players and the league say, that may govern the type of litigation. but most companies will do a cost/benefit analysis of fighting it versus giving in and potentially losing an account. Big companies and wealthy parties often use this as a tactic to bully smaller companies and people into caving or forcing them to spend a ton of money they don't have.

webmost

Rain:

... Can I ask a judge to give ME records because I'm running an investigation on my wife's cheating ways? ...

This thread is useless without pictures.

Amos_Umwhat

I thought about this a lot during the congressional hearings. Congressional hearings!! About baseball.

"The worlds on fire...oh, wait, baseball players may be taking unfair advantage?...STOP everything and focus on the miniscule and mundane, we'll put out the fire some other time"

Rail_Jockey

and to be honest, i dont care at all who uses what or when. i go to a baseball game, i want to see someone hit a home run 500 feet, and an outfielder throw someone out from the warning track at home plate. it is not my body they are hurting with the steriods, so i dont give a damn. how much resources and money is being wasted on this? really who cares? let them do what they want and i will cheer in the stands....