On August 12, 2010, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a defamation action brought by controversial major league baseball pitcher Roger Clemens against his former trainer, Brian McNamee. The action was dismissed for lack of personal jurisdiction.
Clemens’ case against his former trainer revolved around the
following facts. In an interview in
Clemens defamation suit had two major contentions. First, following the release of the Mitchell
Report, every national news service, as well as every major newspaper in
After having the suit removed from state court to federal district court, McNamee moved to dismiss the complaint for lack of personal jurisdiction. The Due Process Clause of the 14th Amendment permits a court to exercise personal jurisdiction over a defendant who has minimum contacts with the forum state. There are two types of minimum contacts: those that give rise to specific personal jurisdiction and those that give rise to general jurisdiction. In this case, only the former were argued and examined.
In determining whether McNamee had sufficient minimum
The court held that the statements in the case concerned
non-Texas activities (the delivery of performance enhancing drugs to Clemens in