Brian McNamee’s defamation suit against Clemens moves forward

16 Comments

As we focus our attention on the prosecution of Roger Clemens down in Washington, we’re reminded that there is a defamation suit against him chugging along up in New York.  That one was filed by his former trainer Brian McNamee, and arises out of Clemens’ statements on “60 Minutes” and elsewhere as he engaged in his P.R. assault on McNamee following the release of the Mitchell Report.  Today there was a decision: Clemens’ motion to dismiss the claim in its entirety was denied.  Two individual counts, however — intentional infliction of emotional distress and malicious prosecution — were tossed out.

Intentional infliction of emotional distress claims are almost always tossed. It’s a claim dating back to an era when everyone had fainting couches and doctors prescribed medicinal bleedings in order to cure bouts with the vapors.  I may be wrong, but the last time one of those was successful, the case involved some scoundrel causing a woman in a whalebone corset to suffer a terrible fright by falsely telling her that her husband was run down by Phaeton carriage.  At any rate, people are expected to have thicker skin these days, and unless you’re, I dunno, clicking the trigger of a gun next to the temple of someone that kind of claim tends to not have any legs.

I have no idea about the malicious prosecution claim. I think I researched that claim once about a decade ago. My vague memory of it is that those are often throw-in claims too and tend not to be successful very often, but if you have more recent experience with it, by all means, chime in below.  The upshot is that McNamee’s defamation claim against Clemens is still rolling.

And I think the most important thing to remember in all of this is that Roger Clemens would not be subject to this lawsuit or to the prosecution he’s facing if he hadn’t acted like a total nut case in the couple of months following the release of the Mitchell Report. And in light of that, this is all highly entertaining.

Tim Tebow homered in his first at-bat with Single-A St. Lucie

Cliff Welch/Icon Sportswire via Getty Images
Leave a comment

Mets minor league outfielder and former NFL quarterback Tim Tebow was recently promoted from Single-A Columbia to advanced Single-A St. Lucie. Critics suggested that, because Tebow wasn’t exactly lighting up competition with Columbia, the promotion was just about marketing.

Tebow, to his credit, has gotten off to a good start with St. Lucie. In his first at-bat with his new team, he hit a two-run home run, turning a 1-0 deficit into a 2-1 lead. The home run came on a 3-1 count against starter Junior Fernandez of the Palm Beach Cardinals. Fernandez is the Cardinals’ No. 10 prospect, according to MLB Pipeline.

With Columbia, Tebow was hitting a paltry .220/.311/.336 with three home runs and 23 RBI in 244 plate appearances.

Cardinals option Aledmys Diaz to Triple-A

Dilip Vishwanat/Getty Images
1 Comment

The Cardinals announced on Wednesday that shortstop Aledmys Diaz has been optioned to Triple-A Memphis and infielder Alex Mejia’s contract has been purchased from Memphis.

Diaz, 26, impressed last season when he posted an .879 OPS and finished fifth in National League Rookie of the Year balloting. This year has been rough on Diaz, as he’s batting .260/.293/.396 with seven home runs and 20 RBI in 288 plate appearances. He’s the second major Cardinals player to get sent down to the minors along with Randal Grichuk.

Diaz was surprised by the demotion. Via MLB.com’s Jenifer Langosch:

Mejia, 26, opened the season with Double-A Springfield but was promoted to Triple-A two weeks ago. With Springfield, he hit .251/.305/.366 in 251 PA. In 42 PA with Memphis, he hit .263/.333/.289.