is there a singulair generic equivalent order obelit tablets lotensin drug in canada pharmacy where to buy brahmi herb generic detrol in usa non prescription nausea medicine delivery without buy abilify order seroquel on line canada purchasing levitra professional online predalone online pharmacy shipped to canada allopurinol australia pharmacy mycelex g dosage instructions order toprol uk pharmacy can you buy amoxicillin online uk serophene noprescrition needed uk online pharmacy to buy famvir in uk biaxin drug class buy casodex boots pharmacy benfotiamine best price cheapest sominex paypal generic depakote vs brand name depakote phenergan online with out prescription lotensin generic name purinethol with no rx get sominex las vegas generic zyprexa us canadian pharmacy online legit amitriptyline 150 mg side effects to buy ciprofloksacin in uk best place to buy pariet in canada coumadin canada sale frusemide online coupon code buy arzomicin in ireland raloxifeno canada pharmacy best site get ethionamide buy beconase aq tablets uk non prescription kamagra how much does a treatment of accutane cost bystolic online uk lipothin for dogs buy mentat mg mexico nexium prescription card eligible patients india pharmacies online that sell celapram compazine for discount buy etabus with paypal moduretic 50 mg bula can we trust beta val online where can i buy furosemide lasix adalat crono costo vermox legal us orlistatum india companies only i want to pay some malegra dxt buy dutas capsules how to use cipralex where to buy antivert online usa metoclopramide brand name in india us buy generic advair diskus triamterenum side effects uk zenegra medication side effects non persciption tamoxifen paypal and canadian pharmacy neurontin bonus pills where purchase eldepryl lowest price for arimidex where can i get strattera pills india pharmacies online that sell vasotec isoniazid side effects weight gain over the counter medicine l thyroxine order vbigra by phone buy 100 mg amitriptyline estro drug in mexico pharmacy eltroxin online india fucidin dose pack no prescription canadianpharmacy com legit arjuna without a prescription from canada ordering albuterol on line danazol costco is generic clomid effective viagra china supplier cardura over counter norvasc generic side effects silagra 25 mg price minipress without script buy ventolin tablets mexico emoquette from australia cheap haldol india toradol brand order order emoquette uk pharmacy cymbalta canadian medications without prescription procardia online usa no prescription viagra soft for men sale in uk over counter lady era sertralina order online no prescription sleep anxiety in children clonidine reviews children costco online photo taiwan where could i buy amlodipin without prescription vermox side effects uk tretinoin 0,025 pills sweat doxazosin without prescription pills where can i buy venlafaxina tablets tofranil australia microzide birth control online us cost of xenical orlistat where can i buy olistat online without a prescription what does nitroglycerin smell like buy alesse birth control online generic cozaar mg uk buy frusemide pills in the us zovirax in italia metronidazole gel contraindications oratane online no prescription calcium carbonate paypal disulfiramo canada drug store albuterol us companies only where to buy cheap generic penegra where can i buy tetracycline uk buy glucophage tablets uk viagra medication class order azithromycin online no prescription cleocin pricing aripiprazola where can i buy what color is lisinopril generic nymphomax where can i buy it bactrim over counter uk long term side effects of sertralina adalat where to purchase alli from usa levlen to buy in australia glucofage limited india no rx viagra erythromycin without prescriptio trial erection packs 1 drugstore com pricing buy trental tablets usa how to buy viagra online in india buy cymbalta 60 mg online benadryl dose 2 year old children oratane on line in the mexico best place to buy live aquarium plants online xenical canada buy duprost fast canada bystolic pharmacy online cheap phexin 100 mg salvent generic india glucotrol online canada noroxin next day delivery zenegra to buy from europe diflucan over the counter alternative how to get glucophage in australia cipro for sale uk best place to buy betnovate indian pharmacy stediril what is imitrex plavix prescription program ortho tri cyclen lawsuit canada worldwide pharmacy ampicillin propecia from merck isotretin online bestellen acquisto nizagara sicuro online can you buy lithium over the counter in germany cabaser medicine online buy cheap online prescription allopurinol canada and cialis sublingual cheap strattera mg buy bupron australia viagra cialis levitra dosage claritin d modo de usar aspirin for sale ireland non prescription vardenafilum pharmacy zyloprim generico online buy pravachol tablets australia half price serophene pastile zentel pret what is ciprofloxacin hcl 500 used for ayurslim drug in fr pharmacy mexican pharmacy vicodin healthy resting heart rate for 18 year old male aaron levitra wiki cabaser generic 2013 drugs trimox online bestellen amoxiline pills online in the australia order plavix on line uk standard viagra dose pariet buy online us indocin uk online western drug abilify phexin order canada cheap pharma greens buy lexapro online overnight delivery nootropil user reviews remeron 100mg cheap norvasc without a prescription from us buy genuine olanzapine uk indian pharmacy indinavir where do i himcolin in canada indian viagra tablets names buy avodart in australia metronidazole 500mg tablet pli safe zovirax no prescription permethrinum with no subscription buy quetiapinum pills in the india voltaren not generic indocin dose for tocolysis costco leicester address low dose naltrexone price purchase lozol in usa get atarax las vegas order cialis in canada estro buy without health canada finast buy ephedraxin singapore ebey medicine penegra buy online flomax generic how to purchase viagra in canada canadian online pharmacy for doxazosin what is fluoxetina buy erythromycin canada brafix roche precio argentina viagra for sale in canada where to buy prilosec online without rx online pharmacy uk klipal codeine can you get clopidogrelum order bupron on line uk cheap betapace buy online best online pharmacy generic rosuvastatin disgrasil 120 mg to buy percocet in uk reviews on vardenafilum buy brand vermox buy digoxina augmentin medication overnight delivery non prescription erythromycin no prescription viagra professional orlistat dosage prescription acai refills buy fertomid 15mg online glucotrol xl over the counter drugs buy zyvox in india online beconase aq buy online ireland buyers of danazol canada voltaren xr 100 mg dosage canadian pharmacy cialis super active buy requip tablets canada albuterol inhalers without script order detrol on line mexico colchicine drug schedule ketoconazole nizoral tablets for dogs generic lipitor walmart atarax cheap mexico pharmacy tretinoin 0,025 without script zentel apteka what is viagra made up of prevacid canada cost what is bystolic side effects buy ssri drugs online can you order zaditor save drugs indian pharmacy lotrisone isotretinoin reviews india chloroquine boots uk non prescription procardia buy alavert pills in the mexico esperal online from usa fincar birth control online uk where to buy voltaren gel 1 tadalafilo profesional arzomicin without a prescription from us trileptal online sales buying lithium from canada no prescription how easy is it to get a propecia prescription free alli diet plan google analytics browser stats is seroquel a class c drug top 10 online beta val sites buy carafate 100 zertalin buy canada what is tretinoin 0 05 for buy prednisone 100 buy fasigyne online india what is calcium carbonate used for what is cymbalta made of hoodia fast india quickest silagra order retin a 0,05 online no prescription with a visa claritin tablets ingredients adderall effects amitriptyline generic 2013 drugs what types of toradol are there azithromycin z pack breastfeeding metformin er no prescription order alavert online no prescription with a echeck viagra 100mg cheap uk is lotrel available over the counter acivir pills over the counter usa plavix canadian online overnight pharmacy can you drink on clarithromycin nhs metformin indian desyrel online canada indian generics online cardizem aspirin dose for acute chest pain order bystolic online natural viagra supplements buy generic pulmicort online with prescription purchase tinidazole online cialis professional with no rx costco pharmacy precose price cheap detrol uk roxithromycin 150mg side effects where can i buy bactrim tablets buy alti doxycycline with paypal grifulvin v over the counter canada purchase lanoxin on line in canada is celebrex banned in the uk how to get pilex on line buy allopurinol greece clomid online safe omnicef to buy from europe buy retin a 0,025 australia order generic vistaril protonix medication use evaluation craigslist london uk olympic tickets cold md rapid tabs what does furosemide do for athletes what is trileptal web prescriptions assistance foundation detrol fda approved to buy without prescription generic sildenafil citrate information buy flovent tablets uk nexium usa sale wellbutrin online legally us drugstore discount code vistaril australia pharmacy apo clopidogrel dosage too high zentel drug for worms how to get minocin in australia buy glucophage with no prescription thyroid medication levothroid best price exelon azithromycin 500 mg dosage chlamydia myambutol price generic pills for glucovance glucophage from europe vet vipps accredited pharmacy altace medication classification clomid medicine children estrace buy canada where to buy percocet online india online no prescription uk drugs buy citalopram maxalt tablets ingredients what is glucophage prescribed for cheap pills for abortion bupron sr overnight purchase furosemide online no prescription generic albenda uk where to buy hoodia with mastercard health canada calcium carbonate celebrex annual sales 2008 original metronidazole online stromectol 3mg information online lisinopril purchase can you crush zithromax tablets pharmacy that sells snovitra super power purchase methotrexate medication zydis without a prescription from india order anafranil online cheap order actonel online uk walgreens generic claritin mail order cialis jelly purchase fluticanose on line in australia generic azurette cost aygestin online from india ventolin hfa drug class prinivil discount floxin mexico original lynoral online compazine without insurance zyprexa no prescription needed best price amoxiline buy buspar in australia dramamine dose for dogs colchicine drugs online purchases is generic zithromax safe purchase generic noroxin apo amoxicillin 500mg alcohol when does zyprexa go generic order albenda from india without prescription citalopram hydrobromide maximum dosage is flagyl available over the counter metrogel from usa buy triamterene online without prescription elavil on line no script atarax online without rx zofran without prescrip terramycin supplier in uk penegra can you buy unique hoodia at walmart best place to buy cleocin gel without a prescription where to buy alesse in canada safely buy orlistat xenical online nootropil usa cvs prices long time side effects levitra super active lansoprazole dose in infants lansoprazol side effects long term use purchase betnovate mg what is avalide pills used for costco pharmacy tretinoin 0 05 price haldol no rx non persciption cialis moduretic to buy in the canada without a prescription yasmin drugs online purchases asian herbal viagra keppra birth control online uk ordering florinef india eldepryl overseas no prescription rumalaya forte sale artane india sale buy cheap procepia differin 0.3 on sale purchase lamisilate on line in usa antara from india codeine promethazine cough syrup canada what is adalat xl 30 mg where do i cabgolin in mexico medrol fast uk colchicine discount acute gouty arthritis liv 52 price india plavix cost help doxycycline next day delivery diltiazem ointment india generic cialis 10 mg depakine chrono pill shortage tamsulosin hydrochloride kidney stones what is the use of lasix drugs purchasecialis professional acai with green tea capsules 1500 mg side effects buy cialis professional online with mastercard ciprofloksacin from canada without rx low cost serevent the online drugstore avodart acheter pas cher elimite chloroquine generic 2013 drugs actoplus met buy online uk pilex ointment for piles vet vipps approved pharmacy brand prednisolone buy solodyn vs minocycline generic levitra plus online usa cheap brahmi pills uk pharmacies online that sell riperdal over the counter calcium carbonate buy fluss 40 tablets uk how much aspirin to take for chest pain anafranil in the uk now suhagra mg canadian rx fluoxetina generic mexico can you get decadron minocycline online from uk lamisil tablets from india pure hoodia gordonii diet pills liquid asacol review fosamax plus d cal tablets generic cefixime usa pharmacy viagra canadian prices where to buy zyrtec eye drops phone in order for duetact wellbutrin sr pills online in the australia fast desyrel deleviery how to order mometasona adios slimming tablets uk order zofran online no prescription with a visa cleocin t gel dosage prednisona where can i buy it fosamax usage can you take esperal daily pharmacy buy drugs benicar accutane purchase online pharmacy canada where to buy silagra in canada safely online no prescription uk for fluoxetina adalat la 30 mg tablets generic norvasc uk paypal geriforte syrup prices digoxin from uk uk buy alti doxycycline without prescription where can i get some brafix revia online from canada order non generic indocin purchase emoquette in uk buy claritin d generic online buy ralista in uk buy xalatan online no prescription us buy vermox online overnight delivery baclofen online pharmacies with out prescription venlor limited india restricted antibiotics order form order elavil online without rx can you buy priligy in ireland fluconazole interactions xanax how to get deltasone in australia buy erythromycin with what is diprolene tablets decadron generic usa buy pct steroids remeron overdose emedicine florida renagel levothroid no script houses sale artane dublin ireland depakine chrono next day ivenox no prescription needed orgasims free or low cost zithromax flexeril dosage wiki celebrex com side effect requip cost in canada bupropion no prescription compare prices buy maxaman boots is it illegal to order generic allopurinol can order trental online brand name lopressor online buy aricept with a mastercard ethionamide usa sale indian hydrochlorothiazide cheap levaquin 250 mg clincin shop net online sale of acticin omnicef usa sale dutasterid without a prescription from uk terramycin delivery uk order levothyroxin on line usa order cafergot 1mg canada roaccutane over the counter long term side effects of fml forte brand amoxil uk online oxybutyninum online from india norvasc looking for order non generic finast buy tricor in singapore reminyl discount purchase tricor on line in the uk lipitor pharmacy card buy clincin online from uk order clonidine online no presctiption fast furosemide deleviery prednisone drug schedule generic renagel india famvir 750mg tablets to buy kamagra gold in uk what type of medication is bystolic allopurinol discount no prescription best price for real dutas can you get high off prednisone 20 mg buy midamor with a mastercard where do i eurax in australia where to get unisom pct cheapest klipal codeine tablets uk mail order lynoral cialis sublingual suppositories buy get canadian drugs buy snovitra super power have no prescription valaciclovir without a prescription from australia where can i get lotrel from buy ortho tri cyclen lowest price generic-pharmacy-online sarafem prescription only disulfiramum costco trazodone refill pack need serta mattress website buy online methotrexate generic discount canadian pharmacy celadrin medication called antivert indian pharmacy retin a 0 025 the generics pharmacy stores imuran rx mexico pharmacies online that sell cialis professional can you buy myambutol in ireland como comprar singulair com desconto levitra 10 mg tablet levitra pharmacy rx one synthroid versus generic levothyroxine buy alli australia yasmin gallbladder lawsuit 2012 sample of female viagra estrofem noprescrition needed uk online pharmacy cipla cialis 5mg cheapest place to buy cytotec bupropion generic picture purchase plavix in usa comprar bupron sr online accutane cost canadian what does the drug phenergan do diagnosis clonidine shoppers drug mart fluoxetine hcl 10mg tablets medrol dosepak tablets from buy what types of cialis soft are there medrol 16 mg tabletta valtrex tablet purchase in us tretinoin cream 0.1 uk pilex tablete cijena buy levaquin tablets india where to buy nizoral shampoo in canada baclofen pump complications how to use differin gel 0.1 leukeran canada online no prescription blackmores ginkgo brahmi 40 tablets accutane acne.org reviews is misoprostol sold over the counter best place to buy naprosyn online nolvadex mg canadian rx nombre generico de toradol promethazine codeine syrup dosage for adults viagra no prescription overnight shipping depakine chrono canadian online overnight pharmacy tamoxifen bodybuilding pct buy fluconazol pills in the india comprar colchicine online generic valtrex online cheap long wait after eating take viagra sex tablets canada medshop buy xenical online uk dapoxetine without a prescription from mexico where can i buy geriforte tablets what is lotrel used for emoquette australia price does lipitor now have a generic beat way to order ciplox lexapro 10mg to 20 mg side effects buy sildenafil citrate online without prescription dilantin from mexico serpina generic canada buying unisom for dogs diclofenac buy online uk buy ampicilina online us no prescription frumil canada companies only purchase isoniazid on line in india online tretinoin 0,05 purchase buy levitra professional online no prescription us do you need rx prometrium lipitor pills lower cholesterol canada buy hydrochlorothiazide without prescription buy generic citalopram risperdal fast usa how to get free samples of viagra online generic benadryl us most reliable place to buy emsam online buy generic orlistat online with prescription buy nordette online no prescription usa rogaine 5 dose arava coupons stieva a prescription only cheap viagra 100mg but online overseas foreign pharmacy legit detrol drug discount priligy of canada what does alli speed do for a living safe to buy generic ginseng from uk zantac no prescription canada lipitor generico italiano is atarax 25 mg a sleeping pill buy starlix for daily use speman where to purchase buy avalide overseas rumalaya liniment tablets uses john samonas and sons cheap zetia sale uk how often to take dramamine canadian drug company bupropion acai capsules weight loss 4 corners pharmacy coupon where to buy ashwagandha plants disulfiramum online ordering buy clomid generic viagra zestoretic fast mexico premarin from lamisil dosage for ringworm order vistaril online without rx where can i get levitra professional from uk kamagra safe shuddha guggulu no precription univ of puerto rico school of pharmacy phenergan sale metronidazole medication on line hydrochlorothiazide rxmed acheter viagra generique pas cher prevacid generic walgreens generic pyridium usa pharmacy buy lanoxin astrailia alti doxycycline fast canada valtrex dosage for herpes simplex brand brafix buy what is prednisolone tablets 25mg cialis sublingual on line in the usa female viagra price india comprar sildenafil argentina zolpidem tartrate uk amitriptyline pharmacy elimite online in usa purchase aciclovir tablets 400mg fucidin pharmacy vistaril buy usa purchase levoxyl on line in the uk is there a shortage of ciplox what drug category is acnetane micronase trusted online drug stores in canada como comprar finax how long does it take for stromectol to kill scabies fertomid from canada phenamax buy online metformin maximum dosage per day how to order plavix online can order ovral l canada prezzo viagra 50 mg farmacia side effects of metformin slow release tablets frumil over counter how to take caverta mg generic for allegra d over the counter pills for water retention wellbutrin sr western australia buy yagara pills online requip medication on line purchasing curacne online uk zantac price canada purchase lantus on line in mexico purchase nizoral 2 shampoo buy phenergan 20 use revia coupon online lozol medication on line neurontin tablets dosage purchase maxaman on line in canada kamagra oral jelly paypal uk serevent buy online us where diarex airmail online cheapest place to buy revatio baridium mexico no prescription order generic atacand buy tulasi online overnight over the counter drugs similar to rogaine 5 prednisona with no subscription buy zocor online australia no prescription messi stats 12 13 what are elavil tablets buy rumalaya gel no prescription buy albenda online pharmacy order ondansetrona from usa without prescription is it safe to order nitroglycerin is it illegal to order generic extendaquin medicine for abortion of 1 month pregnancy in philippines cheap cleocin us is diamox a prescription drug toradol drugs online purchases levitra soft buy on line ponstel mg buy buy american ginseng seeds hives from flagyl ciplox western australia buy cilest online india no prescription buy v gel online thru paypals arava mg mexico benicar tablets olmesartan medoxomil order aldactone online no prescription with a visa how to get nolvadex or clomid overnight pharmacy buy lasix zetia cost costco trental drugstore com pricing motilium generic prozac canada diclofenac tablets 150 mg neurontin uk brand name strattera cost 40 mg kamagra online next day delivery buy cheap viagra sublingual medicine generic substitute for combivent buy estradiol valerate online overnight delivery cheap generic abili florinef acetate 0.1 mg canadian healthcare network login discount canadian pharmacy cytoxan unisom 40 mg dose do i need a prescription for sildenafila sildenafil citrate tablets 100mg uk comprar voveran original costco pharmacy avodart price buy tetracycline tablets us you tube jack box viagra buy zanaflex overnight shipping can i buy fincar in canada minocin shoppers drug mart finasteride 1 mg dr reddy where to buy estro mg what does ataraxia characterized what does microzide proventil india no prescription how to purchase cialis online buy levothyroid capsules buy lotrel tablets canada cheap rogaine 2 free delivery how long to use zovirax eye ointment list of tesco stores selling suprax toprol xl without prescrip buy toradol new zealand online uroxatral online coupon code buy generic alfa flucon online buy capoten online from australia brand name calan online purchase generic norvasc buy zebeta mg buy remeron online canada no prescription buy bupropion usa over the counter drugs similar to clopidogrelum moduretic tablets 150 mg what does pulmicort treat cheap usa buy zyprexa cost of zyrtec vet medicines buy online original prozac online prednisone asthma mechanism action how to order diclofenac gel florida albuterol where to buy valaciclovir drugs online zanaflex non perscription countries thyroxin buy online uk ranitidine generic mexico buy glucotrol xl usa brand viagra pills online in the mexico amoxil tablets buy cheap fluoxetine uk best online pharmacy generic trial erection packs 3 buy diarex tablets canada long term safety of diovan buy diclofenac gel online thru paypals is minipress a prescription drug caverta without a prescription elimite online pay paypal wal mart pharmacy online can i buy alli diet pill online from canada? buy levaquin online at canada pharmacy carbozyne pill shortage costco pharmacy zovirax price buy allegra d 12 hour side effects of amaryl 1 mg where to start yasmin 21 can you get high off voltaren purchase alfa flucon on line in uk metformin mg tablet where cane i buy accutane colchicine online pharmacy drugstore saroten 10 mg nebenwirkungen can order septilin canada ampicilina brand positioning prescription for propecia allopurinol zyloprim 300 mg tablet zovirax where to get alavert generic name buy metformin online at canada pharmacy best place to buy actos without a prescription block canadian pharmacy emails ordering tetracycline online maxalt 10mg where to buy without prescription order caprysin online no prescription with a visa american beta val bupropionum shortage ceftin dosage for kids epivir hbv on the internet glucovance without prescription calan from india what is the best generic propecia low cost premarin how long does strattera take to work novo digoxin online without rx generic differin india actos over the counter australia levitra shortage canadian pharmacy online tadacip can you get anafranil propranolol cost comparison amex accept visa hydrodiuril drug class pharmacy has best price oristal cheapest buy alphagan without ondansetrona medication side effects buy viagra sublingual online in usa buy cymbalta tablets famvir from usa calcium carbonate mail order maximum dose of hyaluronic acid when does lipitor go off patent in australia buy online brafix generic ampicillin resistance mechanism of action cost of florinef for dogs detrol overnight best drugstore foundation brush uk aricept 100 mg over the counter alternative to lisinopril mirapex noprescrition needed uk online pharmacy online no prescription uk for tricor rogaine 5 uk buy what does zyprexa zydis do dipyridamole from mexico augmentin side effects fatigue is there a generic rosuvastatin alternative to cialis or viagra buy grifulvin v with e check gasex no prrescription can you buy viagra jelly in ireland bulk online drug himcocid shelf life order alavert from uk without prescription ketoconazole 2 shampoo boots does advair contain steroids methocarbamol 750 mg get you high what is celebrex tablets silagra pills sweat order uk purchase viagra online how to buy bupropion in canada lariam costo cardizem user reviews emsam shoppers drug mart fucidin overnight shipping cheap indian allegra lyrics pharmacy that sells lopid buy accutane no prescription low prices buy propecia cheap ivenox phone orders can you only get meloxicam enolat on prescription zantac online from india synthroid online england discount alavert from canada sominex limited india walgreens 24 hour pharmacy near me testosterone cream men facial hair best place to buy curacne online shatavari roche precio argentina red viagra c200 what is atenolol tablets for duprost online canadian levaquin online prices purchase alavert in uk online order ampicillin without existe nexium generico retino a cream 0,025 roche precio argentina trimox canadian online overnight pharmacy synthroid medicine online zofran zydis 4mg 10 tablet a good web page to buy lansoprazol with no script order keflex online no prescription with a mastercard orlistat from canada with no prescription where can i purchase rosuvastatin liv 52 over the couter billig brahmi online kaufen colchicina price india cytotec philippines 2012 what types of zyvox are there clozaril uk no prescription feldene capsules 10mg speman drug class retino a cream 0,05 mg usa zenegra online from uk missed depo provera dose can i get lotrisone quickest viagra professional estradiol valerate from canada with no prescription uroxatral side effects uk evista fda approved to buy without prescription list of sulfa drugs wo kann ich in wien viagra kaufen imitrex oral generic name minomycin pills online in the mexico lasix tablets what are they for buy zestoretic tablets india actonel generic release date comprar femara pela internet stieva a sublingual dosage buy ashwagandha visa bupropion brand positioning safe to buy generic seroflo from usa buy trial erection packs 3 online ireland how to use ophthacare phenergan weight loss pills cvs prilosec cost como comprar compazine what does coumadin mean arava australia price buy diprolene pills in the canada where to get hoodia gordonii legal buy eldepryl online canada where can i buy generic accutane is betnovate good for acne generic levothyroxin usa pharmacy canada buy baclofen without prescription who has prilosec on sale no prescription pharmacy forum advair dosage too high how much is mebendazole over the counter florida haridra purchase generic asacol buy crestor canada safe to buy generic gabapentine from uk ephedraxin en mexico prevacid brand discounted buy acivir pills online india buy finax for daily use is bupropion available in new zealand cheap doxazosin india orlistatum drug canadian pharmacy sale allopurinol purchase actonel on line in usa amitriptyline buy uk buy accutane 25 mg flagyl suspension dosage for children ivermectin horse wormer for dogs requip product monograph canada generic viagra paypal buy best blood pressure medication for diabetics buy clopidogrelum online with no prescription actos pills aldactone causes weight gain what is orlistato drugs how much does bupropion hydrochloride cost medrol dosepak online bestellen eurax limited india overnight pharmacy nolvadex elavil from canada with no prescription walmart pharmacy lisinopril brand name isoniazid online overnight erection packs 1 acidity cialis sold over counter canada canadian pharmacy valium where to buy astelin with visa donde puedo comprar flomax skelaxin reviews clavamox delivery london como se usa lamisil online pharmacy retin a otomax online purchase decadron tablets dose buy online cheapest albenza donde comprar allegra viagra billig ohne rezept where can i get some simvastatina olanzapine prescription coupon buy generic retino a cream 0,05 online indomethacin 50mg cap over the counter drugs similar to ponstel inhouse drugstore uk unisom buy online ireland can i get zanaflex clozaril non perscription countries cheapest requip in the uk proventil to buy viagra necesita receta en mexico cheap liverpool apartments short stay strattera pricing best homeopathic medicine back pain order tizanidinum online without rx micronase birth control online india buy glucofage online without a prescription where to buy viagra in shops generic propecia to germany buy trial erection packs 1 without a subscription alli weight loss in stock clonidine infusion dose diovan online cheap buy viagra with paypal low prices air max 1 leopard ebay buy lisinopril 80 mg online order dramamine from australia without prescription retail cost of keppra discount sinequan from usa betnovate scalp application pil can you get prednisone where to buy nolvadex serm cardura limited india simvastatina with prescription buy medrol online canada banana muffins raciper from india lozol online bestellen remeron for purchase diabetes actos medicine medication for anxiety and depression treatment drugs similar to serophene where can i purchase ortho tri cyclen what medicine is like zoloft liposafe brands india buying promethazine codeine syrup online fluconazole 200 mg capsules levitra price increase motrin dosage for adults cheap aceon us overnight delivery can u get valtrex over counter solubility enhancement of poorly water soluble drug order baridium on line india buy cialis online with american express fucidin cream for acne cordarone medication guide effects where to buy thyrohormone in canada safely cheap aldactone free delivery purchase acnetane on line in usa over the counter medicine that acts as diamox fast demadex deleviery what is nitrofurantoin mcr order augmentin 875 mg kamagra no prescription fedex ups side effects of ciprofloxacin hcl canadian drug company doxycycline can i import cialis into australia actoplus met shelf life mometasona without a prescription from us predalone birth control online australia keflex order in the us zithromax pediatric dose for strep buy female cialis have no prescription half price aciclovir what is considered long term use of prednisone in cats provera buy online india deltasone pharmacy coupons abilify low blood pressure cipla pharmaceuticals india januvia generic wikipedia drugs ciprofloxacin 500mg purchase flagyl er shelf life generic name for torsemide ciproxin 500 mg 6 compresse tadapox pills online in the australia ambasciata italiana in cipro bupropion dosage for anxiety evecare online order order viagra sublingual medication by mail plendil prices cvs viagra para mujeres casera etodolac pharmacy mevacor prices at costco amoxil mexico no prescription is there a generic medicine for premarin coversyl mg no prescription buy permethrinum tablets mexico buy motrin using paypal where do i adalat in mexico side effects of actoplus met 15 500 buy ditropan have no prescription purchase shallaki in mexico fasigyne online uk ciprofloksacin prices usa low price trimox uk how long to use lamisil for jock itch can you get mentat medrol dose pack dosage instructions buy biaxin tablets online levitra coupon discount does rizatriptan work as well as maxalt 100 25 for sale hyzaar online viagra uk pay with paypal tofranil 25 mg tablets positive accutane reviews comprar glucotrol portugal canadian prescriptions for sexual enhancement aygestin mg tablet esperal from usa pharmacy order alli orlistat prescription actavis promethazine codeine canada viagra jelly 10 mg what is co azithromycin prescribed for aciphex overnight code dapoxetine delivery us pharmacy online cialis soft ditropan sold over counter lotrisone no prescription reviews buy actos online amazon revatio drug in fr pharmacy coversyl without a script fedex online duphalac with no prescription flagyl 400 mg what is it for amlodipinbesilat drug in canada pharmacy cheap viagra generic online can you drink on amoxicillin nhs generic altace for sale on line purchase metrogel lowest price cheapest lotrisone paypal serophene doctors online buying amantadine when will alli diet pills be available again generic nimotop uk paypal anafranil uk buy increasing my lexapro dose doxazosin tablets what are they for phone in order for doxycycline ordering innopran xl india roxithromycin drug in canada pharmacy retin a 0,025 where to buy in canada acheter caverta pas cher zovirax cream no prescription omnicef canada where levlen buy alesse online in the united states without a prescription can you order brand advair diskus propionate buy generic abilify online drugs where to buy toradol relaxant buy ampicillin no rx is it safe to order seroflo como hacer viagra casera para mujeres purchase probalan pills generic rocaltrol us online coversyl purchase accuran without prescrip kamagra noprescrition needed usa online pharmacy canadian drug company viagra plus coreg daily use reviews fast lioresal delivery moduretic buy online uk what is trial erection packs 2 mg used to treat purchase prednisolone in us prescription cardizem cd cilostazal buy no preccription very cheap colchicine cheap fast viagra fast delivery orlistat canada sale buy generic viagra sublingual online how to get alli on line florida albenza buy prinivil online cheap cheap kamagra online uk what is the medicine protonix used for cheapest toprol xl tablets uk artane online without rx purchase zofran mg is generic actonel effective isoptin without prescription pills naprosyn overnight delivery works best cialis viagra zithromax order no prescription how much is zestoretic tablets top rated phamacies low price mircette uk how to purchase misoprost fincar generic finasteride order avalide from canada without prescription can i order nolvadex no prescription in the usa generic ciplox buy canada benicar legal us warafin birth control online australia best price for real synthroid very cheap indocin buy brand levitra have no prescription pure hyaluronic acid capsules suprax in the uk now where amaryllis from grow accutane order in the us canadian pharmacy online alli no script prevacid mg is there a real generic cialis glucotrol birth control online australia ivenox canada companies only femara online forum where purchase lantus where to buy cialis super active online usa motilium tablets over the counter tijuana pharmacy adderall where purchase simvastatina can you buy diprolene potenzmittel levitra preise viagra 100mg canadian pharmacy better than ondansetrona order naprosyn from usa without prescription sepibest uk pharmacy india motilium price overseas pharmacy no prescription arava online pharmacy pariet erythromycin dose rxlist tofranil online meds discount cozaar from canada lotrisone over the counter australia fertility drugs online buy atarax on line for sale no script canadian online pharmacy for blopress how much is diclofenac gel tablets donde comprar abilify buy bupropionum greece tablets picture renagel oral order frumil on line uk mail order crestor arimidex 1 mg tablet best place to buy nootropil long term side effects of quetiapinum best place to buy vagifem in india no prescription aprovel sale purchase generic klipal codeine order wellbutrin sr medication by mail mobic dosage recommended cialis sales tickets prevacid capsules 15 mg otomax over counter uk depo provera shot prices safe place order extendaquin where can i buy flovent tablets maximum dilantin dosage where to buy clomid and nolvadex atacand pills side effects donde comprar chloroquine ventolin syrup salbutamol sulphate buyers of blopress canada where to buy cheap generic eldepryl benicar hct medicine brand clozaril buy birth control pills terramycin best place to buy aldactone in australia how much is albendazole tablets buy olistat usa buy motilium 15mg online sex pill for women to increase sex drive beat way to order dramamine suhagra online sales where to buy stromectol with echeck online tegretol purchase buy mobicarte in uk celebrex online ordering buy sarafem 20 no prescription flagyl in metformin over counter walgreens canada buy tinidazolum without prescription buy pharmacy order alesse cheap viagra sold in usa zyrtec 20 mg daily effexor xr dosage increase side effects sinequan generic canada bupropion withdrawal period buy zyloprim online india no prescription how to purchase advair diskus online rapid tabs viagra thyrohormone cheap uk pharmacy were to buy nolvadex no prescription fast delivery retino a cream 0,025 from uk bactrim 480 cena where to buy isotretin drugs online decadron prices cvs raquel allegra spring 2013 generic strattera adderall order xenical from australia without prescription is nymphomax available over the counter lukol pill shortage buy advair diskus paypal betapace shop net where do i minipress in india walmart medical expense report buy ginseng online with mastercard best place buy citalopram buy beconase aq pills in the uk sertralina over the counter usa what is pulmicort for pharmacies amoxil generic names for phenergan generic betnovate no prescription effexor xr generic brand generic venlafaxina no prescription pyridium without a prescription from us viagra soft precio mexico what does astelin treat allergic rhinitis fluss 40 online no prescription glucovance online in usa cheapest pulmicort paypal buy tretinoin 0 05 no prescription lamisil cheap us pharmacy lexapro delivery london order oristal from india without prescription purchase serpina online buy septilin online from usa innopran xl overnight pharmacy singulair 20mg tab atacand tablets 32 mg order misoprost on line mexico use augmentin coupon online indian pharmacy detrol ethionamide costco celebrex without prescription medication medicine cozaar side effects order lisinopril hctz online best way buy prescription drugs online cost of amaryl viagra kaufen deutschland ohne rezept buy fucidin ointment no prescription best place buy brahmi pct buy avapro 150 mg safe buy albuterol online where to buy tizanidinum with amex terramycin on line purchase furosemide india sale cheap plendil sale uk does viagra work on girls drugstore minipress prescription only best pills for water retention can you buy lansoprazol over the counter in germany paroxetine online mexico does acai tablets work buy lukol paypal accepted to buy periactin prescription medicine buy female cialis in australia purchase flagyl er in uk does alesse 21 cause weight gain zyban over counter uk norvasc now aspirin price comparison what is the shelf life of motrin 800 best prescription pills to get high off of amantadine 100 mcg depakine chrono where to get buy avapro online australia no prescription oestrogel generic canada buy sinequan tablets online low cost brand levitra buy acai tablets usa order anafranil on line mexico can you take azithromycin for strep throat sildenafil citrate online from canada florida diltiazem what does risperdal do prograf shortage salbutamol india long time side effects triamterene synthroid to buy in the canada without a prescription what is atomoxetin mg used to treat online maxaman india order augmentin online no prescription with a echeck metformin lactic acidosis risk doxycycline price increase why safe tamoxifen buy benemid without rx trial erection packs 3 generic wikipedia drugs cialis professional 20mg pills depomedrol buy risperdal online mexico no prescription claravis and alcohol ortho tri cyclen drug class costco pharmacy generic drug prices brand tofranil buy chloroquine for sale uk research grade cialis professional generic of coumadin side effects generic equivalent for zetia pill identifier european pharmacy has best price purinethol citalopram drugstore com pricing purchase elocon online plavix price singapore mevacor medicine online furosemide tablets minipress birth control online mexico diovan tablets 320 mg lamictal legal in england motrin birth control online india duprost cheap mexico pharmacy raloxifeno on line in the uk discount albenza mg doxycycline para que se usa ver pelicula habana blues online gratis why shortage of alli buy advair diskus online overnight allopurinol discount card buy shallaki ordering decadron mexico allegra 50mg tablets albendazole oral tablet 200 mg information price of prilosec at walgreens lanoxin cost canadian american malegra fxt dipyridamole from canada with no prescription post cycle therapy trimox colchicina shop net antivert online sales where can i buy bactroban online without a prescription purchase methotrexate on line in mexico mail order generic dostinex safe advair diskus buy januvia spain ranitidine spain buy bupropion pills in the us norvasc over the counter usa keftab refills is there a shortage of viagra super active crestor tablet sale buy real albenza where to buy maxaman in canada safely inderal mail order buy effexor xr online mexico no prescription pyridium dosage recommended etodolac uk buy hydrochlorothiazide spain over counter medrol 100 posologie order antabuse without rx best site for mircette buy quibron t in singapore eldepryl buy online india buy pilex tablets mexico glucotrol pharmacy prices list diltiazem tablets dosage cost of singulair 10mg benadryl cheapest rate where can i buy robaxin bisoprololi fumaras lowest price purchase erection packs 1 mg to buy aricept geriforte over the counter uk nizoral canadian medications without prescription what category of drug is avodart rumalaya tablets 40mg buy birth control pills online uk where to buy baridium in canada safely order generic cleocin gel buy azitromicina pills in the canada c ratioph discount aldactone online canadian coming off citalopram 40mg levitra professional from china order vardenafilum without rx evista online australia disulphiram shortage zetia no prescription overnight delivery where can i get sildenafila long term side effects of elocom how to get aviane 28 in australia how long does ceftin stay in your body isoptin from usa best price for real noroxin furosemide phone orders buy metformin 500 mg online dutas sale amoxicillin uk what is the drug paroxetine for prednisone drugs online purchases buy generic levitra plus online no prescription best place buy demadex pct plavix online in uk esperal drug in fr pharmacy generic plavix release best place to buy shampoo online yaz cheap australia pharmacy buy lidocaine powder actoplus met online bestellen zyvox from uk order prevacid online no prescription order drugs online illegal buy dramamine online in the united states without a prescription canadian pharmacy online keflex compare prices prandin canadian cephalexin what is cipralex 20mg used for acheter baclofene belgique flomax dosage instructions buy speman 100 liquid crestor review diabecon without a prescription terramycin prix en pharmacie en france consell comarcal esportiu del montsia para que sirve el diclofenaco sodico health canada effexor xr ibuprofen lysine and tramadol buy diltiazem how to treat an asthma attack does accutane help seborrheic dermatitis venlafaxina with paypal payment can you buy hoodia canada buy alphagan in uk buy combivent online amazon femcare canada paypal viagra super active prescription paxil cr vs generic paxil cheap genuine sominex online order generic bactroban where can i buy brand amoxil where to buy endep online canada flovent online ordering lamisilate pct buy bentyl 10 mg cap where to buy cystone ointment how to get toddler to take omnicef cardura mail order india buy vistaril online without prescription worldwide pharmacy propecia buy lotensin generic how to purchase trial erection packs 2 propranolol source pfizer lipitor class action lawsuit where to buy deltasone prescription doksazosin lek cheapest rate shatavari online usa zetia mg uk lipothin online canada purchase femara without prescription buy generic nitrofurantoin online no prescription is ventolin legal in uk cefixime prescription bacterial infections doxycycline drug schedule glucotrol generic australia can you take augmentin daily where can i buy sepibest mg trazodone doctors online best place to buy renova without a prescription liquid kamagra soft review what is the generic form of cephalexin phone in order for decadron healthy mango shake indian pharmacy tretinoin 0,025 order shallaki without rx trileptal ships from india deltasone online purchase retino a cream 0,025 in us purchase tamoxifen uk prednisona buy online mexico sinemet 100 25 order acticin from australia without prescription atarax 100 et grossesse best place to buy retino a cream in canada can you buy an albuterol inhaler over the counter buy generic doxazosin online natural viagras cheapest premarin tablets uk buy genuine bactroban online hcg weight loss injections side effects 100 vs 50 viagra cloridrato de ciprofloxacino para que serve is generic valtrex as effective as brand name cheap canadian dramamine no prescription erexin v next day atacand mail order india reviews on estro floxin perth australia lamisil pills for sale renova without prescription medication cheap arimidex no prescription torsemide costco zestoretic drug in mexico pharmacy buy generic hytrin online with prescription buy 36 hour cialis online luvox dose betnovate c for scars easy healthy mango salsa inderal drug canadian pharmacy viagra reviews can buy alesse online cabgolin pills sweat micronase how to buy mobic over the counter claravis drug in fr pharmacy buy clomid pills in the us isoniazid mail order india beat way to order brand levitra bactrim ds 800 160 mg mobic without a prescription from australia micronase without a prescription revista avon online 2012 seroquel pills pictures zovirax pills online in the india oder mg tablets of confido lipitor no prescription canada nimotop drugs online purchases buy diflucan without a subscription how can i get nexium cheap what types of naprosyn are there amoxycillin pills online in the uk buy pulmicort in uk isotretin medication overnight delivery comprar sinequan portugal where purchase confido buy seraquil online pay by echeck costco pharmacy nitrofurantoin price buy snovitra super power online australia no prescription duprost prices buy sominex tablets online eldepryl non perscription countries pharmaceutical wholesalers in northern ireland buy levitra professional pills in the australia doksazosin lek online ordering
Home

Like Shoot to Thrill - An AC/DC Tribute on Facebook!

An authentic tribute of AC/DC that covers the best of the Bon Scott era and the best of Brian Johnson's material

Who's Online?

We have 607 guests online

Atom RSS

The Clemens Defamation Lawsuit: Litigation Marches On PDF Print E-mail
User Rating: / 9
PoorBest 
Articles & Opinion
Written by Patrick K. Thornton   
Tuesday, 13 May 2008 23:46
Clemens v McNamee

The following is a detailed analysis of the Clemens defamation lawsuit by Patrick K. Thornton. Thornton is a regular contributor to the Business of Sports Network. -- Maury Brown, Founder and President, Business of Sports Network

Baseball season has started heating up and as the national pastime heads for the all star break the Roger Clemens defamation lawsuit keeps plodding right along. Although there has been speculation that Clemens would drop his lawsuit against his former trainer Brian McNamee, no dismissal has been forthcoming. The lawsuit was filed in January and McNamee has not yet filed an answer to the petition filed by Clemens but instead chose to file a motion for summary judgment to have the case dismissed in its entirety and additionally a motion to disqualify Clemens lawyer, Rusty Hardin from the case.  The motion to disqualify Hardin was based on the premise that he also represented Clemens’ former teammate, Andy Pettitte.  The motion to disqualify was recently denied by the court so Hardin remains as counsel for Clemens.  The motion for summary judgment is still pending.  The defamation lawsuit is just beginning and could go on for as long as 2-3 years at the pace it is proceeding.

There has some who have called upon Clemens to drop the lawsuit against McNamee but there has been no indication he will do so.  Clemens lawyer, Rusty Hardin, has said, “Absolutely, there’s been no action to dismiss the lawsuit.”  In response, attorney Richard Emery, has stated: "First of all, I'm highly skeptical that Rusty and Roger will be smart enough to drop the suit, because they have not been smart enough to realize that was the best course,” "So I don't know why all of a sudden they would do what's best for themselves” Lawyers: Clemens not Dropping Defamation Suit, Houston Chronicle, May 2, 2008. Emery has given no indication he will back down from his continuous assault on Clemens character:

“We're preparing for a trial,"… "We will follow every lead concerning Roger's rather questionable reputation, including deposing all the women who claimed they have slept with him and members of his family and his wife as to their knowledge of his use of steroids…

"There have been a number of reports that Debbie knew about Roger's dalliances. And we certainly have to inquire whether that was the case.” id.

Hardin admitted his client was going through some rough times but noted the decision whether to drop the case rests with Clemens and not his lawyer.

Select Read More to see the rest of the analysis on the Clemens defamation lawsuit

Defendant McNamee’s Motion for Summary Judgment

McNamee has asked that the court dismiss the lawsuit filed by Clemens based on the following:

1. The court lacks personal jurisdiction over the defendant, (McNamee);

2. The present court is not the proper venue for Mr. Clemens’ lawsuit; and

3. The complaint fails to state a claim for defamation under the law.

The first two reasons are procedural in nature while the third is substantive and goes directly to the defamation lawsuit itself.  The motion for summary judgment filed by McNamee is twenty-five pages in length and can be viewed in its entirety (Defendant Motion to Dismiss (PDF)).

McNamee first asserts the U.S. District Court for the Southern District of Texas has no jurisdiction over him personally because he is from the State of New York and does not have “sufficient contacts” with the State of Texas to allow the court to exercise personal jurisdiction over him.  If the court did grant McNamee’s motion to dismiss for lack of personal jurisdiction, Clemens would then be forced to re-file the action in a New York Court if he wanted to continue the lawsuit. 

Secondly, McNamee argued that even if the court does not dismiss the action for lack of jurisdiction, the U.S. District Court for the Southern District of Texas is the wrong venue for the lawsuit.  McNamee argues the case should be moved to New York because he does not reside in Texas and the facts which give rise to the lawsuit occurred in New York.  If the court fails to dismiss the action based on lack of personal jurisdiction, McNamee argues the case should be transferred to a New York court to continue the litigation. 

Finally, McNamee’s lawyers argued the case should be dismissed in its entirety based on several factors:

1.  The complaint fails to state a claim because the allegedly defamatory statements are absolutely privileged;

2.  The complaint fails to state a claim because it does not provide Defendant (McNamee) with sufficient notice of the allegedly defamatory statements, nor does it allege special damages; and  

3.  The complaint fails to state a claim because it asserts that McNamee was coerced to defame Clemens.

The court has several options when contemplating the motions.  It could dismiss the case on the basis of lack of personal jurisdiction.  This would again force Clemens to have to re-file the case.  The court could merely pass the case to a New York court and allow the case to be tried in Federal Court in New York.  Finally, the court could decide that Clemens does not have a case and dismiss all or a part of his complaint against McNamee.  This would be a major decision by the court and if the court dismissed the case on substantive grounds, Clemens could still appeal the court’s decision.  

The Admissibility of the Clemens Alleged Extramarital Affairs

Several interesting issues had popped up in the last few weeks and none more public than Clemens alleged affairs with several women.  What do these alleged affairs have to do with the defamation lawsuit he has brought against his former trainer?  Plenty, asserts Richard Emery, McNamee’s lawyer.  As the motion for summary judgment hangs in the balance, McNamee’s lawyers have made it clear they are going to pay “hardball” with Clemens. The recent allegations concerning Clemens’s alleged multiple affairs have been brought to light by McNamee’s lawyer Richard Emery.  (See Emery’s biography).  Emery has clearly indicated that he believes that the alleged affairs are “fair game” in the defamation lawsuit because Clemens has placed his reputation in controversy when he filed the lawsuit.

In a civil lawsuit, unlike a criminal case, an individual cannot assert their constitutionally protected Fifth Amendment privilege against self-incrimination.  The plaintiff must give testimony in the form of a deposition prior to trial if requested by the defendant and it will most certainly be requested by McNamee’s lawyers in this case.  Clemens will be subject to questioning by McNamee’s lawyers in a deposition prior to trial and during the discovery phase of the lawsuit.

The recent allegations that Clemens had an affair with country star Mindy McCready beginning when she was fifteen years old, certainly did not help the Clemens lawsuit or his public persona.  McCready did not acknowledge the allegations as true but merely stated she could not deny the allegations.  After the McCready allegations, next came the allegations concerning an affair with Paulette Daley, the ex-wife of PGA Golfer John Daly, and finally an alleged affair with a former stripper from Detroit.  The Clemens camp was relatively silent on most of the allegations, only issuing a statement saying Clemens had known McCready for a long time but there was no sex.  Clemens lawyer, Rusty Hardin has stated:

"At no time did Roger engage in any kind of inappropriate or improper relationship with her. It is unfortunate that the Daily News has chosen to report anonymous allegations that are completely unfounded, have no basis in fact, and have nothing to do with Roger's baseball career or the issue of steroid use in baseball” Clemens involved with Daly's ex-wife, NBC Sports, May 1, 2008.

Paulette Daly has stated: "I know Roger, I consider him a good friend. That's all I'm comfortable saying” id.

Can all these allegations be admitted into evidence at the trial of the defamation case?  McNamee attorney, Richard Emery stated in an email to the Associated Press with regard to the alleged affairs, "If the case heads to trial and is not dismissed, as we feel it should be, we will be calling (McCready) as a witness”. id. Clemens did apologize without any specific references to the affairs stating:

"I believe my personal life has nothing to do with the accusations of steroid and HIGH use,"…"I have already made clear that I did not use them. Now, I have been accused of having an improper relationship with a 15-year old girl. Nothing could be further from the truth. This relationship has been twisted and distorted far beyond reality. It is just one of many, many accusations that are utterly false.

"I realize that many people want me to simply confess and apologize for the conduct that I have been accused of, but I cannot confess to, nor apologize for, things I did not do. I have apologized to my family for my mistakes, and having offered this apology to the public, I would ask that you let me and my family deal with these matters in private”. Clemens 'Sorry' For Mistakes In Personal Life, 13 WJZ-TV Baltimore, May 5, 2008.

Even if proven to be true, does cheating on your wife translate to a person lying about whether they took performance enhancing drugs?  If the case resulted in a trial would evidence of Clemens alleged multiple affairs be admitted into evidence at a trial?  Not necessarily, but McNamee’s lawyers has show every intention of connecting the two in the court of public opinion and in the courtroom as well. 

Before the case proceeds to trial Clemens’ lawyers would most likely file motions in limine to attempt to have the evidence excluded and deemed not relevant to the defamation claim brought by Clemens against McNamee.  The judge would be guided by the Federal Rules of Evidence which define relevant evidence as follows:

Rule 401. Definition of "Relevant Evidence"

"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence” .

If the danger of unfair prejudice from the affairs would outweigh the probative value in examining Clemens defamation claims against McNamee then the evidence would most likely be deemed inadmissible. 

It would be within the discretion of the trial judge whether to allow the admission of such evidence into the trial. 

According to most public opinions polls, the reputation of Clemens has been tarnished.  It was recently reported that Clemens was not welcome on the U.S. Olympic team for the 2008 Olympics in Beijing.  U.S. general manager, Bob Watson has stated: “From my viewpoint, we didn’t need that type of distraction” Clemens Not Welcome on US Olympic team, NBC Sports, May 7, 2008.

This lawsuit is barely underway.  If Clemens continues to move forward there will be numerous depositions taken of individuals involved in the lawsuit including, Roger Clemens, Debbie Clemens, Mindy McCready, Paulette Daly, Brian McNamee, Jose Conseco, Andy Pettite, and most likely many more high profile individuals.  The lawsuit could take 2-3 years to resolve.  The overwhelming majority of lawsuits settle, so what are the prospects for some type of settlement of this lawsuit?  If the judge dismisses the lawsuit Clemens would then have to appeal the court’s decision.  Whether he would do so or not is still a mystery.  The pre-trial discovery phase of the litigation could take 1-2 years to complete.  Of course, settlement discussions can occur at any time and federal courts are known to coerce parties to the settlement table.  The question now is, what does Clemens have to gain by pursuing the case further?  His prospects for winning seem rather dim considering the “public figure” requirement under defamation law which he would have to overcome.  See New York Times v. Sullivan, 376 U.S. 254 (1964).  If a plaintiff in a defamation case is considered a “public figure” as defined by the law then the plaintiff would have to meet a higher burden of proof, that of “actual malice” to prevail in a civil lawsuit. It is a virtual certainty that Clemens would meet the test for public figure status under defamation law.  

McNamee does seem to be collectable for any damages Clemens might be awarded and Clemens is certainly in need of money.  With his reputation tarnished and a long tough road ahead for the civil lawsuit it seems unlikely Clemens would continue the case against McNamee for an extended period of time.  However, if Clemens never took performance enhancing drugs as he asserts, then just maybe, he wants to prove that in a court of law. 

Clemens approached his baseball career with an aggressive style and was known to throw a “brush back” pitch or two, just ask Mike Piazza.  Maybe he has a piece of evidence that would show his innocence and he is just waiting to deliver the “smoking gun” at the right time.  However, considering the beating he has taken in the press he most likely would have come forward with that evidence by now. 

It is rudimentary to state that the reputation of Roger Clemens is hanging in the balance and his reputation has always been something he has treasured and monitored.  If he voluntarily dismisses the case then he will certainly look “guilty” and giving up is something Roger Clemens has never been very good at.  Pressure is something he is always thrived upon.  Never before has he been in a pressure cooker such as this one.  One of his closest friends swearing under oath that Clemens discussed performing evidence drugs with him, a pending federal investigation into whether Clemens lied to Congress, allegations of marital infidelity and a very public lawsuit which has been the main focus of the media in the last few months.  All those factors together are troubling for Clemens.    

Clemens has never wilted under pressure on the diamond but he has never faced such long odds either.  It is difficult to believe he will sit idly by and do nothing.  That seems against his very nature.  McNamee’s attorney seems bent on embarrassing Clemens into dropping the lawsuit.  McNamee has not filed a counter-claim against Clemens for defamation but there are court deadlines that parties must follow and a counter-claim by McNamee could raise the level of the intensity of litigation by the parties. Maybe Clemens is hoping fans have had enough and will shift their focus to the Boys of Summer and as the season goes on, forget all about the Mitchell Report, Roger Clemens and the cast of characters which have been on display for the last few months.  In the meantime, the litigants weigh their next move.


Patrick K. Thornton is a regular contributor to the Business of Sports Network . He is a Professor at Houston Baptist University where he is the faculty advisor for the MBA in Sports Management.  He also teaches “Baseball and the Law” at the University of Houston Law School and Sports Law at Rice University and South Texas College of Law. He may be contacted at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


REFERENCES

  • Accusation of Affair Erodes Clemens’ Credibility. Yahoo Sports. April 28, 2008.
  • Clemens’ Alleged Affairs Could be Part of Suit. Houston Chronicle. May 9, 2008.
  • Clemens Apologizes for ‘Mistakes,’ Continues to Deny Steroid Use. ESPN.com. May 4, 2008.
  • Clemens involved with Daly's ex-wife, NBC Sports, May 1, 2008. http://nbcsports.msnbc.com/id/24350727/
  • Clemens 'Sorry' For Mistakes In Personal Life, 13 WJZ-TV Baltimore, May 5, 2008. http://wjz.com/sports/Roger.Clemens.apology.2.716168.html.
  • Defendant’s Motion to Dismiss the Complaint in its Entirety . United States District Court Southern District of Texas, Houston Division. 4:08-cv-000471.
  • Defendant’s Opposed Motion to Disqualify Rusty Hardin , ESQ. and Rusty Hardin & Associates, P.C. United States District Court Southern District of Texas, Houston Division. 4:08-cv-000471.
  • Federal Judge Says Clemens Can Keep Hardin as Lawyer.Sl.com. May 6, 2008.
  • Hardin Files to Remain Clemens’ Lawyer.  Silver City Sun-News. March 25, 2008.
  • Hardin Stays as Clemens’ Attorney. Houston Chronicle. May 7, 2008.
  • Judge Allows Clemens to Keep Lawyer in Defamation Suit. Houston Chronicle. May 6, 2008.
  • Lawyers: Clemens not dropping defamation suit, Houston Chronicle, May 2, 2008. http://www.chron.com/disp/story.mpl/sports/5750706.html.
  • Lawyer Says McNamee Defamation Suit Stands. Chron.com. May 2, 2008.
  • McNamee Asks Lawsuit be Tossed. Chron.com. March 5, 2008.
  • McNamee’s Lawyers Seek Ouster of Hardin. The New York Times. March 5, 2008.
  • McNamee Wants Clemens Lawsuit Dismissed. ABC News. March 5, 2008.
  • McCready Unlikely to be Tipping Point in Clemens’ Defamation Suit. SI.com. April 29, 2008.
  • Memo to Roger and Rusty: Show Us the Lawsuit. ESPN.com. May 1, 2008.
  • More Roger Clemens Affairs Alleged, KHOU.com. May 3, 2008
  • Motion Would Take Aim at Clemens’s Top Lawyer. The New York Times. February 26, 2008.
 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?