No. 22-7810

Neiman Nix v. Major League Baseball, Office of the Commissioner of Baseball, et al.

Lower Court: Fifth Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review banned-substance civil-rights due-process natural-product natural-substance pro-se-plaintiff selective-enforcement substance-ban union-rights
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Can Major League Baseball ban a natural substance that is required for
humans to survive?

2. Can Major League Baseball selectively enforce it's banned substance
policy to allow certain parties to consume, promote, distribute, and/or sponsor
the very same natural animal-derived product that they have represented to
courts, the media, and in their banned substance policy as prohibited?

3. Did the lower courts err in deciding that a natural substance, commonly
found in all animal products, be considered a drug?

4. Can a union ban a similarly situated individual from meeting with or
communicating with union members in public or private settings?

5. Did the lower courts err in not allowing a Pro Se Plaintiff the ability to
amend his Complaint even a single time?

6. Did the Fifth Circuit err in sanctioning a Pro Se Plaintiff where he had the
right to appeal and matters were not clear to the lower court?

Question Presented (AI Summary)

Can Major League Baseball ban a natural substance that is required for humans to survive?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-13
Waiver of right of respondent Gregory Pharmaceutical Holding, Inc. to respond filed.
2023-07-11
Waiver of right of respondent NSF International to respond filed.
2023-06-26
Waiver of right of respondent Informed Choice (LGC Science, Inc.) to respond filed.
2023-06-23
Waiver of right of respondents Major League Baseball, et al. to respond filed.
2023-06-16
Waiver of right of respondents The Associated Press; ESPN Inc.; USA Today, a division of Gannett Satellite Information Network, LLC; and Howie Rumberg to respond filed.
2023-06-16
Waiver of right of respondent HVL LLC (named in the Complaint as "Klean Athlete (Douglas Laboratories)") to respond filed.
2023-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Gregory Pharmaceutical Holding, Inc.
John R. NelsonDickinson Wright, PLLC, Respondent
HVL LLC (named in the Complaint as "Klean Athlete (Douglas Laboratories)")
Trenton H. NorrisHogan Lovells US LLP, Respondent
Informed Choice (LGC Science, Inc.)
Thomas M. SpitalettoWilson, Elser, Moskowitz, Edelman & Dicker, LLP , Respondent
Major League Baseball, et al.
Adriana Riviere-BadellKobre & Kim LLP, Respondent
Neiman Nix
Neiman Nix — Petitioner
NSF International
Patrick M. McCarthyHoward & Howard Attorney's PLLC, Respondent
The Associated Press; ESPN Inc.; USA Today, a division of Gannett Satellite Information Network, LLC; and Howie Rumberg
James Burges LakeThomas & LoCicero PL, Respondent