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. NBA Jerseys China . Moors, from Cambridge Ont., landed a double-twisting, double somersault in the layout position, en route to a score of 14.600 points in the womens floor exercise, more than a full point ahead of runner-up Pia Tolle of Germany. Wholesale Basketball Jerseys .C. Now hes squarely in the U.S. capital and helping the Washington Wizards playoff drive. John Wall scored 33 points, Gooden got 11 of his 21 in the final quarter and the Wizards overcame a 10-point fourth-quarter deficit for a 101-94 win over the Brooklyn Nets on Saturday night. http://www.cheapnbajerseysusa.com/ . PETERSBURG, Fla. Cheap Nike NBA Jerseys . Andrew Luck couldnt believe his ears. Colts fans couldnt believe the scoreboard, and the Kansas City Chiefs couldnt believe their incredibly bad luck. Discount NBA Jerseys . The right-hander said he threw about 30 pitches in a routine bullpen session Sunday at Yankee Stadium, his final hurdle before starting Tuesday night at Tampa Bay.The Winnipeg Jets are in Buffalo for a 6pm ct face off tonight against the Sabres. Fans in the Jets viewing region can watch the game on TSN Jets at 5:30pm ct and listeners can tune in to TSN Radio 1290 Winnipeg. The (15-15-5) Jets are seventh in the Central Division with 35 points. Fifth-place Dallas and sixth-place Nashville also have 35 points, however the Stars have three games in hand on Winnipeg while the Predators have two. 23-year-old forward Eric ODell was recalled this morning from the AHLs St. Johns IceCaps. He has 29 points (12 goals and 17 assists) in 28 games with the IceCaps. James Wright is a game-time decision due to the flu. Ondrej Pavelec (100-13-4, 2.dddddddddddd85, .909) will start in goal. Winnipeg has scored five power-play goals in the last four games. Buffalo is coming off a 2-1 overtime loss at home against Calgary Saturday. They have just one win in their last six games. The (7-23-3) Sabres are last in the Atlantic Division with 17 points and trail the seventh-place Panthers by 12 points. The Sabres added forward Kevin Porter and defenceman Chad Ruhwedel from the AHLs Rochester Americans. Porter is expected to play tonight. Buffalo has scored 51 goals this season, which is an average of 1.5 per game. They are winless in 20 games when trailing after 40 minutes. ' ' '