Roger Clemens Strikes First, Sues Trainer for Defamation--The Hollywood Reporter | Esq. | Entertainment and Media Law

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January 07, 2008

Roger Clemens Strikes First, Sues Trainer for Defamation

Posted by Eriq Gardner

Clemensroger Roger Clemens didn't take our advice to let his former trainer Brian McNamee sue him for defamation. Instead, the pitcher beat McNamee to court, filing a 14-page lawsuit in Harris County, Texas, claiming McNamee has made false and defamatory comments that Clemens took steriods. Here's a copy of the complaint.

Interestingly, Clemens presents McNamee as an unenthusiastic witness who was bullied by federal investigators into providing his accusations. What we find particularly odd is that the complaint quotes McNamee himself. On page ten, it reads: "According to McNamee, and contrary to his lawyer's statement that he was not pressured or bullied in any way, the second day of interrogation proceeded as follows..."

Surely, there will be a countersuit by McNamee. But if McNamee was as reluctant to make his allegedly defamatory statements as is reported in this complaint, we can't help but wonder whether this is an elaborate set-up preceding a settlement. Clemens would regain his stature if McNamee admits he was wrong. And McNamee may prefer the whole thing just go away. Can a deal be made so that Clemens saves public face and McNamee avoids any charges for lying to federal authorities?

Is there really any other course of action other than some sort of settlement? It doesn't look like either side really has any sort of a strong defamation case (McNamee probably can't prove the falsity of Clemens statements because it is only a "his word vs. Clemens word" situation. Clemens, on the other hand can't get past the actual malice standard without any additional evidence, which at this point, doesn't seem to exist). At this point, the defamation suits look like nothing more than a PR move to me, which make a settlement likely...or am I missing something?

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