They kinda do. Brett mentioned that depending on the outcomes of tonight, Cubs could lose a spot in the waiver order. Besides that, they do not. They already made the claim. Why would the lose a spot? That seems silly. If the Cubs won and the Diamondbacks lost, the Cubs would go behind them. But you can only pull a guy back once, so basically all the Marlins could do is spite the Cubs by re-waiving him or releasing him. Complaining about giving up Dunston is like complaining about having to give up a penny for something valuable you thought you were getting for free.