Citizens Against Lawsuit Abuse of Central Texas

Associated Press
August 13, 2010

A federal appeals court Thursday refused to reinstate a defamation lawsuit disgraced former pitcher Roger Clemens filed against his former personal trainer, Brian McNamee, who claims he injected Clemens with steroids and human growth hormone more than a dozen times.

In a 2-1 ruling, a panel of the 5th U.S. Circuit Court of Appeals agreed with a Houston federal district judge's dismissal last year of most of Clemens' claims against McNamee.

Clemens appealed the decision by U.S. District Judge Keith Ellison, who said his court didn't have jurisdiction over Clemens' claims involving statements McNamee made in New York.

"The statements were not made in Texas or directed to residents of Texas," the New Orleans-based appeals court said. The three-judge court panel heard arguments in the case last month.

"We haven't read it yet, but I can tell you what we would say," Clemens' lawyer, Rusty Hardin, said. "We understand that the vote was 2-1 and we're going to look at it and see if we're going to pursue it and make up our mind after we get a chance to read and digest it."

McNamee's attorney, Richard Emery, didn't immediately respond to telephone and e-mail messages from The Associated Press.

Clemens denied using performance-enhancing drugs when he testified under oath to Congress in 2008, but he is under investigation for possible perjury charges.

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