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half to give the Nets a 54-
in Diamondcraft - Registration Mon Aug 26, 2019 4:13 amby yyys123 • 1.785 Posts
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. Jarrad Davis Womens Jersey .ca! Hi Kerry, The recent issues in the Boston-Pittsburgh game have highlighted a number of officiating, game control, and player sportsmanship aspects. Barry Sanders Jersey . PAUL, Minn. http://www.lionsfanspro.com/Black-Darius-Slay-Lions-Jersey.html?cat=889 . -- All-Pro tight end Jimmy Graham and the New Orleans Saints met Tuesday for arbitration on his contract. Jarrad Davis Youth Jersey . - Titans quarterback Jake Locker will miss the rest of the season with a Lisfranc injury to his right foot, leaving Tennessee trying to rally with Ryan Fitzpatrick. Austin Bryant Jersey . Nowitzki scored 28 points, Harris had a season-high 14 for the second straight game and the Dallas Mavericks beat the Detroit Pistons 116-106 Sunday night.NEW YORK -- The Brooklyn Nets used a 21-point loss at Orlando on Sunday as motivation for making some changes. In practice Monday, they stressed getting the ball inside and limiting the opponents opportunities in the paint. The message stuck. Brook Lopez scored a game-high 27-points and Deron Williams added 10 points and eight assists to help the Nets end a four-game losing streak to the Utah Jazz with a 104-88 win on Tuesday night. "I think my guys just found me in good positions and I just tried to catch it and finish strong", Lopez said. "We, I think in general, just did a good job attacking the basket and playing inside and then out." The All-Star centre got it going in the first quarter as Brooklyn set the tone inside the paint with Lopez scoring 10 of his 11 points down low. Sunday night against the Magic, the Nets managed just 26 points in the paint, going 13 for 33 near the rim while giving up 42 points (21 for 38) in the opposite end of the court. They reversed that two days later. Brooklyn scored 58 points in the paint and shot 20 for 32 from the free throw line while limiting the struggling Jazz to 13 for 33 shooting in the paint, good for 26 points. "I think as a team thats what we talked about yesterday. When we looked, you know we were kind of a jumping shooting team (in Orlando)," Lopez said. "Yesterdays practice was, the only way you could score was by getting the ball in the paint and the drills and the things that we did. The focus carried over to tonight." There were several firsts for Brooklyn, who beat the Jazz for the first time since January 2011. Williams got his first victory over the team that traded him to the Nets in February 2011, and it was first-year coach Jason Kidds first regular-season game on their home court. He missed the home-opening win over Miami because of a two-game suspension. Joe Johnson had 12 points for the Nets, and Paul Pierce and Shaun Livingston each had 11. The Nets certainly werent too happy with their showing against Orlando, feeling that they let their coach down by denying him his first win of the season -- despite being credited with the win over the Heat. The team decided to reward Kidd with the game ball following this win. "It was great considering the fact that we just kind of wet the bed in Orlando and couldnt get him his first win, so to speak. To get it here in Brooklyn it was probably even better,"t; Johnson said.dddddddddddd Gordon Hayward led Utah with 22 points. Utah coach Tyronne Corbin felt like his team needed to "count on each other more" as the team lost its fourth straight game to open the season. They had lost their first three games by an average of 3.6 points. Its Utahs worst start since the 1979-80 season when the team relocated from New Orleans and Adrian Dantley starred for the team. Knee problems limited Pistol Pete Maravich to just 17 games and he later was waived. "Losing hurts. It should hurt," Corbin said. "Its four straight loses in the first four straight games. Nobody is going to feel sorry for us. We have to come to fight and keep working and try to get better and win a game too and feel better about ourselves." Theyll have a chance to do so when they face off against the Boston Celtics, who also happen to be searching for their first win of the season at 0-4. Enes Kanter added 21 and rookie Alec Burks chipped in 13 points. Utah shot just 31 for 82. Brooklyn opened the game on a 12-2 run. Lopez scored 19 of his 27 points in the first half to give the Nets a 54-38 lead heading into the third quarter. The Nets led a few times by as many as 26 points, and the entire starting lineup sat on the bench all of the fourth quarter. Williams, who has been hampered by a sprained ankle and was limited to 10 minutes during the preseason, was able to show flashes of the player that led the organization to trade a package of draft picks and former first-rounder Derrick Favours for him. With 4:42 in the third quarter, Williams dribbled in from the top of the key and drove to his right, toward the basket, and then let an underhand shot float toward the rim as he faded away. "It was good to finally beat them. Its a rebuilding year for them but Im definitely happy to beat them," Williams said. NOTES: Utahs Jefferson, who averaged 17.4 and 5.4 boards during his eight years with the Nets to start his NBA career praised Kidd for getting the job with their old team. He scored just two points in the loss. Jefferson joked with his ex-teammate, asking him how many suits he had to buy. "In all seriousness though, I think he is going to do a good job. I think he has a great group of guys on that far side that are going to some great things" ... Brooklyn is now 2-0 at home while losing both of its games on the road, at Cleveland and Orlando. ' ' 'ut 13 times in all. ' ' 'esday to Shelby Rogers. ' ' '
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