Although the defamation suit brought by former New York Yankees pitcher Roger Clemens against former trainer Brian McNamee was tossed out after being filed two-and-a-half years ago, the New York Daily News reported that he is trying to revive the suit once more.
It would be interesting to see how many New York personal injury lawyers agree with Brian McNamee's attorney, Richard Emery, who insists judges "would have to make mincemeat of current law" in order to prevail.
Roger Clemens, who spent most of his career with the Boston Red Sox but pitched with the Yankees in his twilight years, was accused by his former trainer of taking human growth hormone and steroids. The former pitcher was granted immunity in exchange for attending a Congressional hearing on performance-enhancing drugs, so nothing was proven.
Brian McNamee, who claims he personally injected the banned substances into Roger Clemens, provided information about doping to former Senator George Mitchell. The former lawmaker was in charge of a federal investigation in which it was suggested that Roger Clemens took large doses of steroids from 1998 to 2001.
Roger Clemens filed a defamation suit against Brian McNamee, but it was dismissed on the basis of improper venue. Both parties offered their arguments last Wednesday before a three-judge panel. Roger Clemens' attorney, Joe Roden, claimed the venue was in fact proper because the former trainer would often visit his Houston home:
"His reputation was centered in Texas. Brian McNamee knew that."
But Roger McNamee's lawyer insists his side will prevail:
"In order for Clemens to win he would have to establish a new, extremely unprecedented view of the law. The jurisdictional issue is the same issue still."
Meanwhile, a federal grand jury in Washington, D.C. is considering whether to indict the pitching ace and seven-time Cy Young Award winner on perjury and other charges.
Defamation: The Requirement of Fault (FindLaw)
Roger Clemens Denies New Book's Claims, Calls Contents "Garbage" (FindLaw's Tarnished Twenty Blog)