Surprising no one, Roger Clemens once again gets killed in court

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Roger Clemens’ record as a litigant continues to be just as bad as his record as a pitcher was good:

A federal judge in Texas reaffirmed his original dismissal of most
of the claims in Roger Clemens’ defamation suit against former trainer
Brian McNamee, the New York Daily News reported Wednesday.

The decision clears the way for McNamee to pursue his own defamation suit against the former seven-time Cy Young Award winner.

In his opinion, U.S. District Court Judge Keith Ellison wrote that
“if (Clemens) believes that the federal investigators or the Mitchell
Commission overstepped the bounds of the law, he is free to bring suit
against those enemies, subject to possible immunity.”

That last bit refers to the main thrust of McNamee’s defense, which was
that he can’t possibly be sued for defamation because his statements
were made while being questioned by law enforcement. The judge agreed
with that. Which is fine in my mind insofar as it relates to stuff he
said to actual federal agents. I’m not so fine that things he said to
George Mitchell should be privileged on those grounds, though, because
last I checked, Mitchell was acting as an apparatchik for Major League
Baseball’s giant P.R. exercise that was the Mitchell Report, not any
legitimate law enforcement function.

But that’s boring legal stuff. The less-boring implication of all of this is that Clemens’ use of the legal system to serve his own P.R. purposes has now imploded in spectacular fashion. Which I and every lawyer with half a brain said it would way back in January 2008. Let’s review the reasons why we thought this:

Reason #1: Defamation cases are hard to win, especially for celebrities, and even when you do win, the damages are small;

Reason # 2: Defamation lawsuits often create bigger audiences
for the false statements than the false statements enjoyed in the first
place, and have the added negative effect of opening up one’s life and
reputation to scrutiny;

Reason # 3: Even if the statements made by the defamer really
are false, the plaintiff — Clemens in this case — stands a good
chance of whiffing on one of the other essential elements of the suit
or some other technicality. When that happens the public only hears
about the loss, and concludes that the defendant was telling the truth
even if he wasn’t.

To review the bidding: Clemens has lost the suit; Clemens’
embarrassing and often shameful personal life came to light as a result
of the suit; and even though Clemens’ loss is on technical grounds as
opposed to some judgment that he was actually lying, from now until the
end of history, people will reasonably assume that he was, in fact, the
liar (not that they didn’t assume that anyway).

So once again, allow me to congratulate Roger Clemens — and his colossally-awful lawyer, Rusty Hardin — for their spectacular work. Well done, gentlemen, well done indeed!

Jason Kipnis diagnosed with a strained rotator cuff

CLEVELAND, OH - NOVEMBER 02:  Jason Kipnis #22 of the Cleveland Indians celebrates after scoring a run on a wild pitch thrown by Jon Lester #34 of the Chicago Cubs (not pictured) during the fifth inning in Game Seven of the 2016 World Series at Progressive Field on November 2, 2016 in Cleveland, Ohio.  (Photo by Elsa/Getty Images)
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Indians second baseman Jason Kipnis has been diagnosed with a strained rotator cuff in his right shoulder, MLB.com’s Jordan Bastian reports. Kipnis has received a cortisone shot and will be shut down from throwing for the next four to five days.

There’s a lot of spring left, so it’s perfectly sensible for the Indians to play it safe with their star player. The club already had Kipnis on a shoulder strengthening program.

Kipnis, 29, helped the Indians to the playoffs after batting .275/.343/.469 with 23 home runs, 92 RBI, 91 runs scored, and 15 stolen bases in 688 plate appearances during the regular season last year. He then helped the Indians reach Game 7 of the World Series against the Cubs, where they were eventually stopped, as he provided a .741 OPS including four homers and eight RBI in 15 playoff games.

Report: Cardinals are scouting Cuban outfielder Luis Robert

ST. LOUIS, MO - APRIL 25: Baseballs sit in the St. Louis Cardinals dugout prior to a game between the Pittsburgh Pirates and the St. Louis Cardinals at Busch Stadium on April 25, 2014 in St. Louis, Missouri. (Photo by David Welker/Getty Images)
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According to Derrick Goold of the St. Louis Post-Dispatch, the Cardinals are keeping an eye on outfield prospect Luis Robert. The 19-year-old left his native Cuba last November and is expected to command interest from multiple MLB teams as he approaches free agency. Goold adds that the Cardinals sent scouts to evaluate Robert’s workouts in the Dominican Republic as recently as last week.

There’s still a good chance that the club won’t get a shot at signing him; as Craig mentioned last month, it seems likely that Major League Baseball won’t declare Robert a free agent until after June 15. By July 2, the new Collective Bargaining Agreement’s policies on international bonuses will go into effect, handcuffing teams with the maximum penalty for bonuses to a $300,000 signing figure for any available international prospect. It’s designed to effectively take away those teams’ abilities to sign additional international talent, and the Cardinals have already spent a reported $9.35 million in bonuses on Venezuelan outfielder Victor Garcia, Cuban outfielders Jonatan Machado and Randy Arozarena and Cuban right-hander Johan Oviedo.

Until the cutoff in mid-June, the Cardinals are likely to continue actively scouting other international talent, including Robert. MLB.com’s Jesse Sanchez quotes an anonymous National League scouting director who describes Robert as the No. 2 talent behind Japanese wunderkind Shohei Otani. The 19-year-old hit .286/.319/.397 with a .716 OPS during a 16-game run in the Canadian-American League in 2016, following up an impressive three-year tenure with the Ciego de Avila in the Cuban National Series from 2013-2015.