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but couldn't this type of lawsuit be utilized by others (Sosa, Clemens, Bagwell, Piazza, ...)
Jack Clark as Dada sports messenger.
We may have previously talked about this, but couldn't this type of lawsuit be utilized by others
We may have previously talked about this, but couldn't this type of lawsuit be utilized by others (Sosa, Clemens, Bagwell, Piazza, ...) since it seems evident that sportswriters' comments regarding them and PEDs have adversely affected their chances of getting into the Hall of Fame?
As I understand it, the plaintiff basically has to prove the statement is false, and then still generally needs to prove the defendant knew it was false, and acted maliciously.
Was going to ask the same thing...
If I were to call someone an ####### -- and then that someone sued me for slander.... is the burden on me to prove that person IS an #######, or, is the burden on the person I called an ####### to prove he's not?
Helton and Baylor both went ballistic and Helton threatened legal action against Hagin, although I don't think he went through with it, settling for an apology
Maybe he meant the actual kitchen appliance. Jack Clark as Dada sports messenger.
Right (the standard would be either knowing the statement was false or having a "reckless disregard for the truth," since Pujols is a public figure), but it seems to me there's enough here to survive a motion to dismiss, particularly given the definitive nature of Clark's statement. The truth/falsity (and malice of the defendant) would be a question for the jury to decide. The plaintiff's burden is admittedly difficult to meet.
Clark, who began working as a sports-radio talk show host at WGNU-AM in St. Louis in early August, said he based his accusations on conversations he had with Chris Mehlfeld, Pujols’ former personal trainer who worked with the Dodgers when Clark was the team’s hitting coach in 2000.
When on-air partner Kevin Slaten said he long believed Pujols “has been a juicer,” Clark jumped in with his own take.
“I know for a fact he was,” Clark said. “The trainer that worked with him, threw him batting practice from Kansas City, that worked him out every day, basically told me that’s what he did.”
“I had asked him about conditioning and working me out, what he would do for me, and he asked me whether I had ever thought of taking some steroids,” Clark said. “... He just told me that he wanted me to get started on steroids and he had some other guys that were doing it. He told me that’s how he’s conditioning this guy that he met out of high school and college and he looked like he was going to be a star, keep an eye on him.’’
Clark said he was looking for a nutrition program, not steroids.
“He told me, ‘Well you couldn’t do what I do with Albert Pujols, he’s on this real strenuous workout deal.’ I said, ‘I wouldn’t want to try to do that.’ Every day he kind of came to me and says, ‘you ready to do it? I’m ready to do it.’ I said, ‘Well I’m just not a needle guy, I’ve had enough surgeries and injuries over the years. I don’t like needles ... I’m not going to do that ... I’m not a player anymore.
“He had told me he had done that with Pujols, with steroids, and I really never thought too much about it because steroids were really not on my radar screen at that time.”
On Monday, Clark reiterated his allegations on the air.
Mihlfeld “had told me what he was doing with ‘Poolie” and used the term “shot him up” again.
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