Others may opt against defamation lawsuits
Refuting HGH report effective for Manning
The defamation lawsuits filed by Philadelphia Phillies first baseman Ryan Howard and Washington Nationals first baseman Ryan Zimmerman against Al Jazeera America in federal court Tuesday were the first by any of the athletes linked to performance-enhancing drugs by the cable news network last month.
But legal experts told USA TODAY Sports the legal route taken by the veteran ballplayers doesn’t necessarily mean others named in the documentary — including Denver Broncos quarterback Peyton Manning — are any more likely to pursue their own lawsuits.
“Obviously, once some sue, the question becomes why aren’t the others?” said Diana Huffman, a former senior lecturer at the University of Maryland. “But you can’t jump to the conclusion that the others are not suing because the info is true about them.”
University of Baltimore law professor Eric Easton said in Manning’s situation in particular he doubts there’s any added pressure to sue since he has been successful at refuting the report in the media.
“He’s made unequivocal denials in the press, and that might be enough,” Easton said. “From what I can tell by watching TV, Manning’s commercials for Nationwide and others are still running.”
Howard and Zimmerman filed their respective lawsuits in Washington’s U.S. District Court with lawyers for both writing that The
Dark Side documentary, broadcast by Al Jazeera America on Dec. 27, was “outrageously false” and the financial impact on the ballplayers “ultimately will be in the millions.”
In the documentary, Charlie Sly, a former pharmacy intern at an Indianapolis anti-aging clinic, was caught on a hidden camera saying he supplied Zimmerman, Howard and other pro athletes with a banned anabolic agent. Sly recanted those statements a day before the broadcast aired.
Al Jazeera America has not responded to requests for comments.
The documentary also alleged Manning’s wife, Ashley, received shipments of human growth hormone. While Al Jazeera America didn’t come right out and say Manning used the synthetic drug banned by the NFL, it reported that Sly’s accusations “raise questions whether an American sporting hero, Peyton Manning, is linked to performance-enhancing drugs.”
Manning threatened to take legal action soon when the documentary went public.
“He is focused on football now,” Manning’s spokesman, Ari Fleischer, said in an email to USA TODAY Sports on Wednesday. “He will review the matter and make a decision when the season is over.”
The lawsuits brought by Howard and Zimmerman might have had a positive impact, according to Easton.
“They could be looking to redeem their reputations, and you get a certain amount of that when you file a lawsuit,” Easton said. “The lawsuits say, ‘These accusations are ridiculous and I’m standing behind my assertions the story is false.’ There is a redemption effect simply by filing a lawsuit.”
Easton said the defamation lawsuits can cost plaintiffs upward of a million dollars to pursue and defamation cases are some of the toughest cases to win in civil court.
“There’s a very high burden of proof,” Easton said. “As public figures, there’s a laundry list you have to prove, starting with proving that the accusations made are actually false.”