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.

Red Sox employees “livid” over team pay cut plan

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Even Drellich of The Athletic reports that the Boston Red Sox are cutting the pay of team employees. Those cuts, which began to be communicated last night, apply to all employees making $50,000 or more. They are tiered cuts, with people making $50-99,000 seeing salary cut by 20%, those making $100k-$499,000 seeing $25% cuts and those making $500,000 or more getting 30% cuts.

Drellich reported that a Red Sox employee told him that “people are livid” over the fact that those making $100K are being treated the same way as those making $500K. And, yes, that does seem to be a pretty wide spread for similar pay cuts. One would think that a team with as many analytically-oriented people on staff could perhaps break things down a bit more granularly.

Notable in all of this that the same folks who own the Red Sox — Fenway Sports Group — own Liverpool FC of the English Premier League, and that just last month Liverpool’s pay cut/employee furlough policies proved so unpopular that they led to a backlash and a subsequent reversal by the club. That came after intense criticism from Liverpool fan groups and local politicians. Sox owner John Henry must be confident that no such backlash will happen in Boston.

As we noted yesterday, The Kansas City Royals, who are not as financially successful as the Boston Red Sox, have not furloughed employees or cut pay as a result of baseball’s shutdown in the wake of the COVID-19 pandemic. Perhaps someone in Boston could call the Royals and ask them how they managed that.