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Tuesday, May 17, 2011
 
Roger Clemens at SCOTUS

Roger Clemens is still hanging around the Supreme Court. Clemens sought cert from the Fifth Circuit decision holding that Texas courts lacked personal jurisdiction over Brian McNamee in Clemens' defamation actions arising from McNamee's various statements to the Mitchell Commission and the media about Clemens' alleged steroid and HGH use. The case was listed for consideration at last Friday's conference, but the Court took no action. Speculation is that the Court is waiting to act on the petition until it decides two pending personal-jurisdiction cases.

I used the Fifth Circuit decision in my Civ Pro class; it is a pretty effective teaching case, if only for the somewhat stunted view that the majority took.





1 Comments:

The dissent was the compelling view in the 5th Circuit. I agree that the majority view was overly technical and functionally impractical. Just a bad decision.

Anonymous Anonymous -- 5/17/2011 9:45 PM  


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