Angel Hernandez’s Lawsuit Against MLB Just Got Really Interesting
Last year, we discussed one of the most important and underreported legal issues facing baseball: the discrimination lawsuit umpire Angel Hernandez filed against Major League Baseball. In the 10 months or so since we last checked in on the case, however, things have taken a couple of really interesting turns.
First, the case is no longer pending in federal court in Ohio, instead having been transferred (over Hernandez’s objection) to the United States District Court for the Southern District of New York. This isn’t in and of itself a major development; the benefits of what lawyers call “forum shopping” (filing a case in what is perceived to be a friendlier jurisdiction) are both absolutely real and also generally overstated. That said, the major benefits to a given friendly forum for a litigant aren’t likely so much in the expected outcome of a case, but rather in the procedural details involved in getting there. Perhaps no single issue drives forum shopping more than the rules and procedures governing fact discovery (the part of the lawsuit where the parties can ask written and oral questions and obtain each other’s relevant documents). Fact discovery procedural rules can sometimes vary widely between jurisdictions, and practitioners will sometimes choose a forum with the friendliest discovery rules to their side.
Why does this matter? Because Angel Hernandez’s lawsuit is now embroiled in a particularly interesting discovery dispute, and the court deciding it won’t be the Ohio forum Hernandez and his lawyers originally anticipated. You see, earlier this year, Major League Baseball sent this subpoena to the MLB umpires union. A subpoena is a special kind of demand for production of evidence, usually documents or testimony, which is issued by a litigant in a lawsuit and backed by court authority. Ignoring a subpoena is generally a bad idea because you can be held in contempt of court. Instead, if you don’t want to answer it, you have to ask the court to quash the subpoena and give a legal reason why. (Note: the word is “quash,” not “squash.” I’ve heard too many people – lawyers and laypeople alike – move to “squash” a subpoena. All that means is that you are wrapping your subpoena around a vegetable.) Read the rest of this entry »