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.
Mark Lerner, son of Ted Lerner and a co-owner of the Washington Nationals, had his left leg amputated earlier this month. He was diagnosed earlier this year for a rare form of cancer that a attacks connective tissue and treatment had been ineffective, so doctors removed the limb.
The news was revealed in the form of a letter Lerner wrote to Washington Post columnist Barry Svrluga, who had inquired about Lerner’s uncharacteristic absence from the ballpark of late. Lerner:
“With my doctors and medical team, we decided that amputation of that leg was my best choice to maintain the active and busy lifestyle that I have always enjoyed. The limb was removed in early August and I’m healing well, cancer-free, and looking forward to my eventual new prosthetic.”
Lerner, 63, has been known to dress up in a Nats uniform and shag fly balls with the team during batting practice. Here’s hoping for a speedy recovery and, if his prosthetic allows, some more BP shagging at some point in the future.
The Miami Herald reports that the future Miami Marlins owners, Bruce Sherman and Derek Jeter, have informed Major League Baseball that they do not intend to retain current team president David Samson. Derek Jeter will replace him as the person in charge of baseball and business operations.
Samson has been a polarizing figure in Miami and has been seen as Jeff Loria’s front-facing presence in many ways. He led the effort for the team to get its new stadium, which led to political scandal and outrage in Miami (not that he didn’t get his stadium). In 2014, he appeared on “Survivor.” He did not survive.
What will survive, however, is the famous home run sculpture in the outfield at Marlins Park. You’ll recall some reports earlier this week that Sherman and Jeter were thinking about removing it. If so, they’ll have a lot of hurdles to jump, because yesterday the Miami-Dade County government reminded them that it was paid for by its Art in Public Places program, it is thus owned by the county and that it cannot be moved without prior approval from the county.
I know a lot of people hate that thing, but it has grown on me over the years. Not for its own aesthetic sake as much for its uniqueness and whimsy, which are two things that are in extraordinarily short supply across the Major League Baseball landscape. Like a lot of new and different bits of art and architecture over the course of history, I suspect its initial loathing will increasingly come to be replaced by respect and even pride. Especially if the Marlins ever make another World Series run, in which case everything associated with the club will be elevated in the eyes of fans.
On this score, Sherman and Jeter will thank Miami-Dade for saving themselves from themselves one day.