ly concluded that insults and indignities fall sh

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. Trey Hendrickson Jersey . -- Jacksonvilles offensive makeover is just getting starting. TreQuan Smith Jersey . The team said they will announce a corresponding roster move prior to their series opener on Tuesday night in Kansas City. http://www.officialneworleanssaintsfootb...e-jersey-womens. Louis Blues and back into top spot of the TSN.ca NHL Power Rankings. The Sharks had been ranked No. Thomas Morstead Jersey . Louis Cardinals are one of Major League Baseballs model franchises. Willie Roaf Jersey . "Hopefully well get all this out of the way," he said, "and everyone will be healthy the rest of the year." Zimmerman was placed on the 15-day disabled list Sunday and is expected to miss between four to six weeks.The Scottish Football Association has conducted just eight drug tests on players in the last nine months. Comparatively, in the 2010/11 season, 122 tests were carried out across the Scottish football pyramid. Concerns have been raised about the potential for drugs cheats to go undetected this season due to the falling number of tests. Anti-doping expert Paul Dimeo says the integrity of Scottish sport is under threat.Without an education and testing system together, even people who are innocent of any conscious decision to cheat may have substances in their system, Dimeo told STV.So if theyre not being tested domestically, then what may happen is when they play overseas and get tested on an international level, they test positive.That would be a source of some embarrassment, I assume, to the SFA and UK Anti Doping (UKAD).If sports organisations want to present an image of integrity and values around sport, then they need to put systems in place which reassure the organisations, the players, the clubs, the fans and the sponsors that this is a rigorous approach to this potential issue. Just eight players have been tested over the last nine months in Scottish football However, the SFA insists that it has adequate procedures in place to catch players taking illegal substances.ddddddddddddThe Scottish FAs anti- doping programme is controlled by UKAD and it is implemented on an intelligence-driven basis, a statement read.We are in constant dialogue on provision of testing in Scottish football and are proud and protective of our reputation as a clean sport.Former Partick Thistle defender Jordan McMillan is currently the only player in the country banned after testing positive for a recreational drug. The 27 year-old received a two year ban from all competitive sport in February 2015. 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