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Tex Parte Blog


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May 07, 2008

It’s still the Roger and Rusty show

On May 6, U.S. District Judge Keith Ellison of the Southern District of Texas denied a motion filed by former trainer Brian McNamee that sought to disqualify Houston lawyer Rusty Hardin and his firm from representing pitching ace Roger Clemens in a defamation suit, William Roger Clemens v. Brian McNamee. Ellison ruled that McNamee, who has alleged Clemens used performance-enhancing substances, lacks standing to object to Hardin’s representation of Clemens on the ground that Hardin and Rusty Hardin & Associates also briefly represented Clemens’ former teammate Andy Pettitte. Ellison wrote that the conflict is not “manifest and glaring,” and Pettitte has not chosen to raise or support the motion for disqualification. “The Court is certain that today’s decision will not shake the public’s confidence in the legal system, especially since Pettitte can come forward to object to Hardin’s and RH&A’s representation if he is truly aggrieved,” Ellison wrote. Clemens has denied McNamee’s allegations.

-- Brenda Sapino Jeffreys

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