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Well, Rector was none too pleased. When he awoke from his slumber, he sued ESPN, MLB,
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Well, Rector was none too pleased. When he awoke from his slumber, he sued ESPN, MLB, the Yankees and ESPN announcers Dan Shulman and John Kruk for defamation and intentional infliction of emotional distress. He is asking for $10 million.To say the least, the language in the claim is peculiar, complete with misspellings and ambitious grammatical choices. Page two of the Claim gets right down to business: "On or about April 13, 2014, the plaintiff was at the rivalry game between the Boston Red Sox and New York Yankees. It is well known that the rivalry between the New York Yankees and Boston Red Sox is always the biggest in all of sport. For decades millions of people all over the world turn out or tune in to watch these games. Plaintiff accordingly was at this game." Claims Being Made In his lawsuit, he alleges that ESPN and MLB engaged in "unending verbal crusade" against the sleepy plaintiff. Specifically, his claim states as follows: (a) "Announcers like Dan Shulman and John Kruck (sp) unleashed avalanche of disparaging words against the person of and concerning the plaintiff. These words, include but not limited to stupor, fatty, unintelligent, stupid". (b) "John Kruck (sp) in his verbal attack insinuated that the plaintiff is individual that know neither history nor understood the beauty or rivalry between Boston Red Sox and New York Yankee." (b) "The defendant Major league Baseball continually repeated these vituperative utterances against the plaintiff on the major league baseball web site the next day. These words and its insinuations presented the plaintiff as symbol of anything but failure." (I think they meant to write "these works and its insinuations presented the plaintiff as a symbol of failure".) He goes on to say that the defendants "negligently or maliciously published false, defamatory statements of fact about the plaintiff, a private individual". As a result, his reputation was damaged. The false statements alleged include the following: - Plaintiff is unintelligent and stupid individual. - Plaintiff is not worthy to be fan of the New York Yankee. - Plaintiff is a fatty cow that need two seats at all time and represent symbol of failure. - Plaintiff is a confused disgusted and socially bankrupt individual. - Plaintiff is confused individual that neither understands nor knows anything about history and the meaning of rivalry between Red Sox and New York Yankee. - Plaintiff is so stupid that he cannot differentiate between his house and public place by snoozing throughout the fourth inning of the Yankee game. Defamation Defamation refers to a false statement that is likely to lower the reputation of a person in the eyes of reasonable people. The law protects your reputation against defamation. If someone defames you, you can sue for money (called "damages") for harming your reputation. Heres what Kruk and Shulman said: Shulman: This guys oblivious to how good [MLB TV] is... Kruk: Sometimes you have to turn it off to get some sleep. This is not the place you come to sleep. I tell you what though, how comfortable is that? Probably wont have any neck problems tomorrow. Shulman: I mean, is that guy to his left his buddy? Is he just letting him sleep, or is he here alone? Whats the deal with this guy?Kruk: Maybe thats his buddy and he likes him a lot better when hes asleep.Shulman: I think the other guys more concerned with the food and the game.Kruk: Chicken fingers are a special item at the ballpark. Why share? Get em while hes asleep so he wont ask for one.Shulman: Weve gotta see how long this guys out for.Kruk: Its only the fourth inning, you dont think he could sleep through –Shulman: Did he sleep through the Beltran homer? I mean, 45,000 people stand up and cheer and he sleeps through it?Kruk: Youd think itd be tough to, but he seemed comfortable. It didnt look like he just started to sleep.Is this defamation? No. To be clear, Im saying no. Contrary to Rectors allegations, it is simply untrue that Kruk and Shulman "unleashed (an) avalanche of disparaging words". They did not refer to him as stupid, unintelligent or a fatty cow. Frankly, the guy sitting to Rectors left may have gotten the worst of it when Shulman said hes more "concerned with the food and the game". Even that is fine. So Kruk and Shulman did not engage in defamatory comments. Intentional Infliction of Emotional Distress In order to make out this claim, the statements need to be outrageous and extreme. Its conduct that goes beyond all reasonable bounds of decency, and when a reasonable person hears it, he or she needs to respond with something like "Thats outrageous!!!". Courts have even repeatedly concluded that insults and indignities fall short of that test. So Rector will also fail on this count. The comments were not outrageous or extreme. Rather, the comments were innocuous and playful. If anything, restraint was exercised. By the way, the lawsuit alleges that ESPN and MLB engaged in unlawful activities. The Yankees were just hosting the game, and should not have been named as a defendant. They werent involved. That being said, no one should have been named as a defendant. The lawsuit lacks merit. As a result, expect the parties to move to have this lawsuit kicked out of court on the basis that it is frivolous. Chase Daniel Bears Jersey . -- The Oakland Athletics and free agent right-hander Bartolo Colon have agreed to terms on a US$2 million, one-year contract, bolstering their depleted starting rotation. Chicago Bears Jerseys . Buffalos defensive co-ordinator had his second interview with Cleveland owner Jimmy Haslam and CEO Joe Banner on Tuesday night, a person familiar with the Browns plans told The Associated Press. http://www.bearsrookiestore.com/Bears-Ta...-Jersey/.C. - Nick Merkley and Damon Severson each had a goal and two assists as the Kelowna Rockets downed the visiting Seattle Thunderbirds 6-3 on Saturday in Western Hockey League playoff action. Allen Robinson Bears Jersey . You can watch the game live on TSN and TSN GO at 3pm et/Noon pt. The Thunder reclaimed the home-court advantage LA took with a Game 1 win on Friday night with a 118-112 road win in Game 3. Cody Parkey Jersey . MORITZ, Switzerland -- Latvia won a four-man World Cup bobsled race Sunday, while the U. LOS ANGELES -- NBA Hall of Famer Magic Johnson says Los Angeles Clippers owner Donald Sterling has badly outdated views about minorities and is shockingly ignorant about HIV and AIDS for such a prominent public figure. "Hes living in the stone ages," Johnson said in an interview that aired Tuesday with CNNs Anderson Cooper, a day after Sterling made his first public comments since racist recordings emerged last month and earned him a lifetime NBA ban. "You cant make those comments about African-Americans and Latinos. You just cant do it." In Sterlings interview with Cooper, Sterling repeatedly brought up the ex-NBA stars HIV and called him an unfit role model for children. Johnson mostly avoided lashing back at criticism from Sterling, who at one point cut off Coopers listing of Johnsons achievements to loudly say "Hes got AIDS!" Johnson, who is HIV positive but does not have AIDS, said he was surprised Sterling didnt make the distinction. "Heres a man who you would think would be educated, and a man who is smart enough to build this type of wealth and own a team and have an incredible platform to change the world," Johnson said. "But hes doing it in a negative way." Johnson is now a part-owner of the Los Angeles Dodgers and was once a part-owner of the Lakers after the playing career that was cut short by his contracting HIV in 1991. "I came out like a man, I told the world," Johnson said of his famous public press conference announcing his retirement. "I didnt blame nobody else. I understood what I did was wrong. And I hope that I was able to help people." Johnson, who said he has known Sterling since he first came to LA to play for the LLakers more than 30 years ago, said he didnt know how he got stuck in the middle of a situation that should have been a personal dispute between Sterling and V.dddddddddddd Stiviano. Stiviano recorded Sterling making racist comments about a photo of herself and Johnson on Instagram. "Hes trying to find something to grab on to help him save his team," Johnson said, "and its not going to happen." Sterlings comments won him a quick and stinging rebuke from NBA commissioner Adam Silver, who said owners were working quickly to force Sterling out of the league. On Tuesday his fellow owners in the leagues advisory/finance committee met via conference call, discussed the CNN interview and reviewed the status of the charge for termination of the Clippers ownership. Silver or an owner has to formally charge Sterling in writing with violating Article 13 of the NBAs constitution. A hearing would then be held and require a three-fourths vote of the board of governors to force Sterling to sell the team he has owned since 1981. Clippers coaches and players, in Oklahoma City on Tuesday for their playoff series against the Thunder, were asked about Sterlings latest comments, and most said they were doing their best to ignore them. "I wasnt looking for him to say anything, to be honest," coach Doc Rivers said. "I was focused on our guys, and being above all that. Hes going to keep doing what he does, and we have to keep doing our jobs." Centre Ryan Hollins said the teams playoff success amid the constant controversy is "a tribute to Doc and the character of our guys." "I think weve always just had the mind-set of basketball first," Hollins said. 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