US judge 'agonizing' over Clemens lawsuit
Lawyer Blogs
A federal judge said Monday he is "agonizing" over the status of a defamation lawsuit Roger Clemens filed against his former personal trainer, who accused the pitcher of using performance-enhancing drugs.
U.S. District Judge Keith P. Ellison made the comment after a nearly two-hour hearing in which attorneys for both sides reiterated arguments they had already briefed in court filings over the last few months.
The issues before Ellison are whether or not he should throw out the lawsuit and if he doesn't, whether it should stay in Texas.
"I really have been agonizing over these claims," Ellison said.
Clemens sued Brian McNamee in January after the pitcher's former trainer told baseball investigator and former Senate Majority Leader George Mitchell that the seven-time Cy Young Award winner used steroids and human growth hormone.
Clemens' attorney, Joe Roden, said his client had agreed to drop one claim against McNamee, for intentional infliction of emotional distress, because it was covered in other parts of the lawsuit.
A 354-game winner, Clemens is under investigation by the FBI after denying McNamee's claims while under oath during a deposition and public testimony before a congressional committee.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.