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Thursday, February 12, 2009
I'm leaving (Texas) today . . . New York, New York

Roger Clemens' portions of defamation action against Brian McNamee was dismissed for lack of personal jurisdiction, in what sounds (according to the ESPN report) like a very unusual split-the-difference approach. The claims involving the statements to Bud Selig and Jon Heyman of Sports Illustrated both occurred in New York, so those claims do not belong in Texas. But the claims involving statements McNamee made to Andy Pettitte, which occurred in Texas, can remain. As I said, this sounds like an unusual approach, since the SI story was published in Texas and the "effects" of the defamation were felt in Texas, where Clemens resides and was working at the time.

Ironically, the dismissal comes a year and a day after McNamee removed the action to federal court.

I am trying to find a copy of the opinion; more later.


Please post a decision when you find it. This case was used as a civil procedure final last semester by Jack Greenberg at Columbia.

Blogger SamuelAlito -- 2/12/2009 8:08 PM  

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