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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. Connor McGovern Youth Jersey . There will be no Down Under four-peat for Djokovic, as the eighth-seeded Swiss slugger Wawrinka outlasted the second seed 2-6, 6-4, 6-2, 3-6, 9-7 at Melbourne Parks Rod Laver Arena in yet another five-set thriller in their burgeoning rivalry. Terrell Owens Cowboys Jersey .com) - Stephen Currys jumper with 3. http://www.cowboysrookieproshop.com/Cowb...-Aikman-Jersey/. On paper, it looks a little like Andre the Giant taking on a midget wrestler. It has all the makings of a rout with the Americans adding an eighth win in nine outings of this biennial event. The Yanks have eight players in the top 15 in the world while the Internationals have just one. DeMarcus Ware Cowboys Jersey . Miikka Kiprusoff had just announced his retirement after a decade-long run in Calgary and it would be up to Berra and Ramo to fill the void. Chuck Howley Cowboys Jersey .Two San Francisco radio stations say they wont play the song during the duration of the World Series. A Kansas City, Missouri, station responded with plans to play the Grammy-winning track every hour from 7 a.HOUSTON -- Chris Borland made one more big play to convince the 49ers he should be in the mix of linebackers to replace injured NaVorro Bowman. Borland, a third-round pick from Wisconsin, returned an interception 34 yards for a touchdown, third-string quarterback Josh Johnson threw three TD passes and San Francisco beat the Houston Texans 40-13 on Thursday night. Bowman is expected to miss at least half the season as he recovers from a devastating left knee injury sustained in the NFC championship game loss to the rival Seahawks. Michael Wilhoite is listed as the starter, but defensive co-ordinator Vic Fangio said younger players would get a "good, healthy dose of snaps" Thursday night to move up the depth chart. Borland also had a team-high six tackles. "I think I had one of my better games, but I still made some mistakes I need to fix," Borland said. "Thats kind of been the story this preseason, so I have some things to improve on, but it could help." Colin Kaepernick did not play for the 49ers. Blaine Gabbert played the first half and went 4 for 11 for 60 yards before Johnson took over. Coach Jim Harbaugh had said earlier in the week that he planned to play Kaepernick. He decided Wednesday that he would rest Kaepernick and the rest of his starters. "Some of the starters didnt get to play and that was a decision to keep them from that kind of fun," Harbaugh said. "I feel bad for that, for them, but some of our other guys got a chance to play the best game of their career. Thats really exciting for me." Houston quarterbacks Case Keenum and Tom Savage both threw interceptions as they compete for the backup job behind Ryan Fitzpatrick. Keenum went 8 for 17 for 70 yards and Savage went 8 for 12 for 43 yards. Keenum got the start and misfired on five of his first seven passes. He got the Texans moving on his third series, completing three passes to DeVier Posey. Rookie Chris Boswell finished the drive with a 41-yard field goal. Boswell is competing with Randy Bullock for Houstons kicking duties. Gabbert started 1 for 4 and was sacked by outside linebacker Whitney Mercilus on the second-to-lastt play of the first quarter.dddddddddddd Mercilus, a late first-round pick in 2012 now backing up Jadeveon Clowney, tackled LaMichael James behind the line on the next play. Savage started the second quarter for Houston and completed his first six throws. His first miss was a third-down toss to Mike Thomas and Bullock kicked a 52-yard field goal for a 6-0 lead. Gabbert completed a 32-yard pass to Derek Carrier to finally kick-start the 49ers and tossed a 14-yard TD pass to Asante Cleveland with 1:18 left in the half. Harbaugh said Gabbert hurt his shoulder in the first half and underwent an X-ray. Keenum returned with 1:12 left in the half and the ball at the Houston 19. He threw behind Posey and Chris Cook intercepted and returned it to the Houston 13. Johnson threw a touchdown pass to Bruce Ellington on the next play. Phil Dawson kicked a 28-yard field goal in the third quarter. Borland then picked off Savages next throw, stepping in front of tight end Ryan Griffin and racing to the end zone. "Its just anticipation," Savage said. "Ive just got to get the ball out quicker. I think it was the right read. It was just the ball has got to be out and thats something I can definitely improve on." Texans rookie Andre Hal intercepted Johnsons pass and returned it 77 yards for a touchdown late in the third quarter. Johnson threw a 5-yard touchdown pass to Kyle Nelson and Kassim Osgood blocked a punt out of the end zone for a safety in the fourth quarter. Nose tackle Ian Williams, centre Daniel Kilgore and right guard Joe Looney were the only San Francisco first-teamers to start. Wilhoite and fullback Bruce Miller were the only other regular starters who played. Wilhoite only played on special teams. Carrier left the game with a hams