Roger Clemens didn’t get up to bat very often in his baseball career but when he did in federal court in the Eastern District recently, he struck out! Plaintiff, Brian McNamee, a former athletic trainer for the New York Yankees, commenced a lawsuit for defamation against defendant, Roger Clemens, one of the greatest and most feared Major League Baseball pitchers of all time. According to the complaint, McNamee alleges that Clemens waged a defamatory public relations campaign against McNamee in order to ruin McNamee’s reputation and brand McNamee a liar, in retaliation for testimony given by McNamee to Congress that McNamee had injected Clemens with performance enhancing drugs (PEDs).
As it turns out, Clemens is just as aggressive in litigation as he was on the pitcher’s mound. During the discovery phase of the matter, McNamee served a discovery demand on Clemens in which McNamee requested the production of all communications Clemens had with his public relations strategist, Joe Householder, and Householder’s firm, Public Strategies. McNamee also demanded from Clemens all communications Clemens had with Randal Hendricks and Hendricks Sports Management. Clemens refused to produce the requested information, claiming that it was subject to the attorney-client privilege and/or constituted work product.
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