Brian McNamee’s defamation suit against Clemens moves forward

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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.

Andrelton Simmons, Shohei Ohtani both injured in Angels’ loss

Associated Press
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The loss of a close, well-pitched game is hard enough for any team to take, but when you lose two key players to injury in the process it’s gotta be damn nigh intolerable. That’s what happened to the Angels last night in their 3-1 loss to Minnesota, losing Andrelton Simmons and Shohei Ohtani. And it happened on consecutive plays in the bottom of the eighth inning.

Simmons is likely to be gone for an extended period after suffering a sprained ankle which was later deemed “severe”. Indeed, they weren’t sure it wasn’t broken until the X-rays came back negative. He sustained the injury running to first base, trying to beat out an infield hit. He came down on the ankle and it twisted in ugly fashion — there are Gifs of it on Twitter and stuff, but you don’t wanna see them — before tumbling over the bag to the ground. Simmons will have an MRI today to see how bad things really are.

Ohtani got off more easily, getting hit in the right ring finger with a pitch while striking out. His X-rays were also negative, but they will reassess him today.

Simmons is hitting .298/.323/.415 on the year while playing his usual spectacular defense. Ohtani, who just came back from Tommy John surgery as a hitter a couple of weeks ago, is hitting .250/.345/.375.