Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


A federal appeals court has for the second time generally sided with Justice Department efforts to use the names and urine samples of about 100 Major League baseball players who tested positive for steroids four years ago.

But the convoluted 119-page ruling likely means federal investigators will still be unable use the controversial test results for the foreseeable future because the issue is expected to be tied up in the courts for some time.

The 9th U.S. Circuit Court of Appeal's conclusions could ultimately expose yet more names of players who tested positive for steroids in the league's 2003 anonymous testing program, beyond the recently released Mitchell report on steroids in baseball. Federal investigators seized the drug testing records of dozens of players in 2004 in connection with the Balco steroids scandal.

The showdown over the drug tests could have an impact on the perjury case against former Giants star Barry Bonds if the government obtained evidence of steroid use, although the slugger's lawyers have always insisted it has no bearing on him. The perjury indictment against Bonds already alleges that he failed a separate steroids test in 2000.

Meanwhile, the 9th Circuit - as it did in a 2006 ruling - mostly rejected the arguments of the players' union, which has insisted the seizure of the drug-testing records trampled on the medical privacy rights of the athletes and violated federal protections against unreasonable search and seizure. The appeals court in 2006 had overturned rulings in San Francisco, Los Angeles and Nevada in which the federal judges there found the government searches illegal. This recent decision upheld the majority of that previous ruling.

But it did hand the government one setback by concluding that prosecutors botched their appeal of the Los Angeles judge's ruling by filing it too late. As a result, the government may encounter a stumbling block to using some of the seized information out of the Los Angeles case, although the 9th Circuit's ruling appears to give investigators access to virtually all of the testing information they sought.

The 9th Circuit invited both sides to ask the appeals court to rehear the case with an 11-judge panel, which could delay the case.

Elliot Peters, the lawyer for the players' union, said they would need to review the ruling before deciding whether to press another appeal. Assistant U.S. Attorney Matthew Parrella declined comment.

Federal investigators connected to the Balco case seized computer files in 2004 that contained results from the 2003 testing program, which was designed to evaluate the scope of steroid use in the sport. The players' union and baseball owners had agreed to keep the results of the testing confidential.

The government originally sought the results for 10 players linked to Balco, including Bonds, New York Yankees slugger Jason Giambi and Detroit Tigers outfielder Gary Sheffield. But when investigators seized the records of dozens of other players, it triggered a legal battle pitting government powers to search computer databases with sensitive medical information against the privacy rights of the players.

9th Circuit Judge Sidney Thomas, who dissented in both the 2006 and Thursday's rulings, warned that allowing the searches would have "profound consequences for the constitutional right against illegal search and seizure."


Legal News | Breaking News | Terms & Conditions | Privacy | Law Firm Web Design by Law Promo

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case.
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
New Rochelle Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Chicago Business Lawyer
Cook County Contract Law
www.rothlawgroup.com
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Palm Beach Construction Law Attorney
Florida Construction Law
Wellington Construction Law
palmbeachconstructionlaw.org
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Indianapolis personal injury lawyer
Brain injury lawyer Indianapolis
www.rwp-law.com
Eugene Bankruptcy Attorney
Bankruptcy Attorney Eugene
willamettevalleybankruptcy.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Law Firm Logos
  Eugene Criminal Defense Law
  Attorney Web Design
  Immigration Law Web Design
  Law Firm Directory