William Roger CLEMENS, Plaintiff, v. Brian McNAMEE, Defendant
Background: Former professional baseball player brought defamation action in state court against his former trainer, arising from allegedly false statements trainer made about player's use of steroids. Action was removed to federal court. Trainer moved to dismiss, and to transfer venue.
Holdings: The District Court, Keith P. Ellison, J., held that:
(1) District Court in Texas lacked personal jurisdiction over former trainer for alleged statements trainer made in New York about player's alleged steroid use in New York;
(2) fact issues precluded summary judgment on issue of when defamation claim for statements allegedly made to player's teammate accrued;
(3) trainer was entitled to immunity for allegedly false statements trainer made to commission investigating use of performance enhancing substances in professional baseball;
(4) player was required to amend complaint to provide more specificity about defamatory statements;
(5) statements by trainer were capable of defamatory meaning;
(6) statements were not slander per se; and
(7) transfer of venue was not warranted.
Motion granted in part, and denied in part.
Background: Former professional baseball player brought defamation action in state court against his former trainer, arising from allegedly false statements trainer made about player's use of steroids. Action was removed to federal court. Trainer moved to dismiss, and to transfer venue.
Holdings: The District Court, Keith P. Ellison, J., held that:
(1) District Court in Texas lacked personal jurisdiction over former trainer for alleged statements trainer made in New York about player's alleged steroid use in New York;
(2) fact issues precluded summary judgment on issue of when defamation claim for statements allegedly made to player's teammate accrued;
(3) trainer was entitled to immunity for allegedly false statements trainer made to commission investigating use of performance enhancing substances in professional baseball;
(4) player was required to amend complaint to provide more specificity about defamatory statements;
(5) statements by trainer were capable of defamatory meaning;
(6) statements were not slander per se; and
(7) transfer of venue was not warranted.
Motion granted in part, and denied in part.
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