Sorry Yankees fans: you can’t sue anyone if a terrorist attack hits Yankee Stadium

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Apparently this happened last month, but I missed it. There’s a new article up about it now, though, and it reminds us of the world in which we live these days:

In July, Yankee Stadium became the first sports facility to earn the coveted federal “Safety Act” designation. That means the facility has passed a battery of tests and won approval from the Department of Homeland Security, so the Yankees have been granted a wide-ranging immunity from future lawsuits that might stem from terrorist attacks.

I’m not terribly familiar with this designation, but I came across it (or something like it) back in the legal days in the form of products liability protection for companies that make certain anti-terrorism technologies or take certain anti-terrorism measures.

The idea is that we don’t want to punish people for being unsuccessful in combating terrorism and creating a situation in which someone is better off not even trying to do something safe (when they can claim the terrorism was totally unforeseen) than it is to try to combat it and come up short. In the stadium context, it allows the Yankees to do, well, whatever the Yankees may try to do security-wise, without later having someone say that they did it in a substandard manner and filing suit.

I get it and understand the incentives in play. And God knows that people will come out of the woodwork to sue if something were to happen. But like any other sort of lawsuit immunity, it’s a double-edged sword. Yes, it may grant the Yankees greater latitude to do the right thing, but it will also incentivize them (and enable them) to make it way harder for people to sue them for legitimate things. “Oh, our beer vendor hit you over the head with his tray? Sorry, but that’s terrorism!”

Maybe that sounds crazy to you, but anyone who has ever been involved in the lawsuit biz knows that crazier things happen all the time and that there’s very little downside to asserting silly defenses like that. Because hey, they may work, and even if they don’t, they delay things.

(thanks to reader Johanna S. for the heads up)

Hunter Pence appeared as guest on Bill Nye’s new show

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Bill Nye — yeah, “the science guy” — has a new show on Netflix called Bill Nye Saves the World. His show ties science to other areas such as politics, pop culture, and sports. Giants outfielder Hunter Pence was invited to appear as a guest.

Nye talked a bit about Pence and marveled at the dedication players must have to stay competitive in the sport. Nye called Pence “a cool guy” and “charming,” which is not surprising.

Shelby Miller left Sunday’s start with forearm tightness

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Diamondbacks pitcher Shelby Miller left Sunday’s start against the Dodgers after four-plus innings due to tightness in his right forearm, the team announced. He’ll be reevaluated tomorrow. Needless to say, though, a forearm injury is very concerning. In his four innings, Miller gave up three runs on four hits and five walks with three strikeouts, raising his ERA to 4.09.

Miller, 26, has had a nightmare of a time since joining the Diamondbacks in December 2015. Last year, he made 20 starts and posted a 6.15 ERA. He suffered a finger injury suffered from scraping his hand on the pitcher’s mound with his follow-through, and he was also demoted to Triple-A during the summer as well.