Here’s a hypo right out of a Civil Procedure exam (and inspired by this excellent discussion):
What if Roger Clemens sued George Mitchell over the steroids report?
The facts (as I understand them):
Major League Baseball contracted with Former Maine Senator to investigate the use and abuse of steroids by baseball players. He was given the full blessing of the league and his contract included an indemnification clause shielding him (to an as-yet-unknown extent) from liability.
The 400-page report delivered by Senator Mitchell included many copies of checks and press reports detailing the use of steroids. It named some 80 players as having used performance enhancing drugs over the last decade, including likely Hall of Fame pitcher Roger Clemens. Senator Mitchell has suggested publicly that he is certain use runs much higher.
His report also relied in large part on the testimony of two men. One source is Kirk Radomski, a former Mets clubhouse attendant. Radomski has struck a deal with federal prosecutors in exchange for his cooperation in their investigation of the drug use. Brian McNamee is a former trainer who claims to have personally administered steroids to Roger Clemens and who is also cooperating with federal investigators.
If Clemens were to sue, who would he sue? To what extent can he access the testimony of Radomski and McNamee? Can he get at the records of Mitchell and his investigation team? What other issues must Clemens consider in deciding whether to file a lawsuit?
The Rocket wouldn’t have to sue. He could simply use his juiced up rocket arm to take Mitchell’s head off.
Is that what peyton manning meant to say: “juiced up rocket arm” instead of “laser rocket arm”?
Perhaps. In terms of the hypo, the Rocket would have to prove that the allegations were false, that he was harmed as a result, and that their were damages. I’m not sure any of these could be proved.