Supreme Court Refuses to Hear Giants Appeal in Jurisdiction Case

Supreme Court Turns Down Giants' Bid to Dismiss Harassment Suit

Upheld 9th Circuit ruling that jurisdiction existed to hear case in San Francisco

Washington, January 18, 2001- The U.S. Supreme Court refused to free the San Francisco Giants from a lawsuit by baseball players from the Dominican Republic who claim they were sexually harassed by the Giants' Latin American scout. According to the Associated Press, a group of thirteen aspiring professional players who played on a minor league team in the Dominican Republic, scout Luis Rosa told the athletes they must submit to his sexual advances to remain employed. When they refused to comply, they were suspended or fired. The players also allege that Rosa appropriated part of their earnings for his own use and that the Giants management knew or had reason to know of this misconduct.

The issue was not the merits of the suit (still undecided), but the power of the lower federal court where the suit was first brought. The players filed suit in both the Dominican Republic in June 1997 and in the Federal court in San Francisco in April 1998. The judge dismissed the case on grounds of non forum conveniens, declaring that the Dominican Republic was a more appropriate forum for the case.

However, the 9th District Court of Appeals reinstated the lawsuit in May 2000. Their ruling in Monegro v. Rosa concluded that the city of San Francisco had a "substantial relation" to the action, conferring personal jurisdiction. Although the player contracts provided that all would play for the San Pedro Giants in the Dominican Republic, there were addenda for transfers to minor or major league teams in the U.S. The 9th District ruling determined that playing for the Giants or some other U.S.
team was the plaintiffs' common goal.

Furthermore, it was uncertain if Rosa, a U.S. citizen, could be forced to appear in court in the Dominican Republic. There was no demonstration that access to proof would be easier in that country than in the U.S.; all of the Giants' employment records are located in San Francisco.

Amy Armond