The remainder of Roger Clemens’ defamation suit against Brian McNamee in Texas has been dismissed, leaving the pair to fight their legal battle in New York.
U.S. District Judge Keith P. Ellison, who threw out most of Clemens’ case in February, dismissed the remainder of the suit on Aug. 28. Clemens initially had sued his former personal trainer in Texas state court in January 2008, a month after McNamee’s accusations against the seven-time Cy Young Award winner were published in the Mitchell Report. The suit was moved a month later from Harris County District Court to federal court in Houston.
The sides will carry on now in federal court in Brooklyn, where McNamee sued Clemens for defamation on July 31.
“I think it’s our game now. He’s on defense. He’s going to have to backpedal,” McNamee’s lawyer, Richard Emery, said Saturday.
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The dismissal first was reported Saturday by the Daily News. The dismissal was with prejudice, meaning Clemens can’t refile, but he could appeal Ellison’s decision.
McNamee claimed in the Mitchell Report that he injected Clemens with steroids and human growth hormone at least 16 times in 1998, 2000 and 2001. Clemens responded the statements to Mitchell’s staff, which McNamee also repeated to Sports Illustrated’s Web site, were “untrue and defamatory.”
An oddity for Ohlendorf
Pirates right-hander Ross Ohlendorf has become the second pitcher in club history to strike out the side on nine pitches.
Ohlendorf fanned Khalil Greene, Julio Lugo and Jason LaRue in the seventh inning Saturday night against the St. Louis Cardinals.
Previously, the only Pirates pitcher to accomplish the feat was right-hander Jeff Robinson against the Chicago Cubs on Sept. 7, 1987.
Pirates catcher Ryan Doumit dropped the third strike against all three Cardinals batters, but threw to first base each time to get the out.
Kansas City Royals outfielder Jose Guillen will miss the rest of the season because of a ligament tear in his right knee. Guillen sat out 37 games with the knee injury, but was activated from the disabled list Tuesday. He injured his right hamstring Wednesday. … Houston Astros pitcher Roy Oswalt left game against Philadelphia in the seventh inning because of tightness in his lower back. Oswalt was working on a shutout before giving up two hits in the seventh and leaving with one out.. … Chicago White Sox rookie Gordon Beckham has left a game against the Boston Red Sox in the first inning because of a stiff back.