Roger Clemens on trial

Former New York Yankees Pitcher Roger Clemens's trial began last week in a federal courtroom in the District of Columbia. Clemens is charged with lying to Congress about use of performance-enhancing drugs.

http://abcnews.go.com/Sports/wireStory?id=14038902

Meanwhile, earlier this year, another federal court, this one in New York, allowed the defamation action against Clemens by star-winess, Trainer Brian McNamee to go forward.

United States District Court,
E.D. New York.
Brian G. McNAMEE, Plaintiff,
v.
William Roger CLEMENS, Defendant.

No. 09 CV 1647(SJ)(CLP).
Feb. 3, 2011.

Background: Athletic trainer brought action in state court against former major league baseball pitcher, alleging state and common law causes of action for defamation, malicious prosecution, and intentional infliction of emotional distress. After removal, pitcher moved to dismiss the complaint for lack of personal jurisdiction and for failing to state a claim upon which relief could be granted.


Holdings: The District Court, Johnson, Senior District Judge, held that:
(1) sufficient nexus existed between non-domiciliary major league baseball pitcher's New York contacts and trainer's causes of action for the court to find jurisdiction under New York's long arm statute;
(2) pitcher's statements branding trainer a liar and suggesting that there were unknown facts that when disclosed would support pitcher's denials of trainer's accusations of having used steroids could form the basis of a defamation action; and
(3) intentional infliction of emotional distress claim could not be maintained.

Motion granted in part and denied in part.