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!

Video: Andrew Toles hammers grand slam in Cactus League win

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Dodgers’ left fielder Andrew Toles crushed his first spring training home run on Saturday afternoon. With the bases loaded and a two-run deficit hanging over their heads in the fourth inning, Toles stepped up to the plate against Oakland right-hander Jesse Hahn and unloaded a grand slam on the second pitch he saw.

Third baseman Justin Turner was quick to follow up with a solo jack of his own, bringing the score to a comfortable 7-4 lead by the end of the fourth. Another three-run outburst in the fifth and an eighth-inning RBI single by Austin Barnes raised the final score to 11-6… which, coincidentally, was the same score the Reds used to defeat the Athletics’ second split-squad lineup on Saturday (albeit with a few more RBI walks than grand slams).

Toles, 24, is approaching his sophomore season with the Dodgers in 2017. He slashed .314/.365/.505 with three home runs and an .870 OPS in his first major league season in 2016 and is expected to platoon with the right-handed Franklin Gutierrez in left field this year.

David Price’s season debut could be pushed back to May

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David Price showed “strength improvements” in his elbow on Saturday, but Red Sox’ manager John Farrell still doesn’t think the left-hander will be ready to throw by the start of the season — or for a few weeks afterward. According to ESPN’s Scott Lauber, the 31-year-old might not be ready to debut until May at the earliest.

Price hasn’t thrown off of a mound this spring after experiencing soreness in his left elbow on March 1. Surgery doesn’t appear to be necessary, but the Red Sox are playing it extra safe with their No. 3 starter in hopes that rest and rehabilitation will return him to full health sometime during the 2017 season. For now, Price has been restricted to short games of catch until he’s cleared to resume a more rigorous throwing program. Via MLB.com’s Ian Browne:

[There were] strength improvements to the point of putting the ball back in his hand a little more consistently,” said manager John Farrell. “Today’s the first step for that. A short game of catch. That’s what he’s going through. Not off a mound but just to get the arm moving with a ball in flight, and he will continue in this phase for a period of time. There’s no set distance and volume yet to the throws.

The lefty is coming off of a lackluster 2016 season, during which he delivered a 3.99 ERA, 2.0 BB/9 and 8.9 SO/9 over 230 innings for the Red Sox.