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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)

Cardinals snap Familia’s saves streak, rally past Mets 5-4

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NEW YORK — Yadier Molina and pinch-hitter Kolten Wong each stroked an RBI double in the ninth inning, and the St. Louis Cardinals ended Jeurys Familia‘s streak of 52 straight saves in rallying past the New York Mets 5-4 on Wednesday night.

Yoenis Cespedes hit a go-ahead homer off Adam Wainwright to cap a three-run comeback in the seventh that gave the Mets a 4-3 lead. But then Familia, who hadn’t blown a regular-season save opportunity since July 30 last year, finally faltered.

Jedd Gyorko drew a one-out walk in the ninth and was replaced by pinch-runner Randal Grichuk. Molina hit the next pitch to deep center field, and Grichuk scored standing up to tie it.

Molina was thrown out at third by Familia (2-2) on pinch-hitter Jeremy Hazelbaker’s comebacker, but Hazelbaker stole second and scored when Wong lined a double just inside the left-field line.

Familia’s franchise-record saves streak was the third-longest in major league history behind Tom Gordon (54) and Eric Gagne (84).

Jonathan Broxton (3-2) tossed a scoreless eighth and Seung Hwan Oh got three quick outs for his sixth save.

Including a split of Tuesday’s doubleheader, St. Louis took two of three from the Mets in a matchup of NL wild-card contenders. It was only the second time in the past decade that the Cardinals have won a road series against the Mets.

Logan Verrett pitched seven efficient innings and slumping Neil Walker went 3 for 3 with a base on balls for the third-place Mets, who have alternated wins and losses in their last 13 games. They dropped 5 1/2 games behind NL East-leading Washington.

New York did manage to keep Gyorko and the rest of St. Louis’ hitters in the ballpark after the Cardinals had homered in 17 consecutive games – their longest streak since a club-record run of 19 games in 2006.

Gyorko went deep in both ends of Tuesday’s doubleheader, giving him seven homers in nine games.

Matt Holliday hit a two-run double off Verrett with two outs in the third, and Matt Adams followed with an RBI double that made it 3-1.

Wainwright, who entered 3-0 with a 0.93 ERA in July, nursed that lead until the seventh – repeatedly pitching out of trouble. He nearly did so again after striking out Curtis Granderson and Asdrubal Cabrera with runners at the corners.

But then Travis d'Arnaud scored on a wild pitch and Cespedes socked a two-run homer off the facing of the second deck in left-center on the 117th and final pitch from the 34-year-old Wainwright.

 

 

Report: Mariners have interest in Reds’ Jay Bruce

ATLANTA, GA - JUNE 14:  Jay Bruce #32 of the Cincinnati Reds waits to bat prior to hitting a three-run homer in the first inning against the Atlanta Braves at Turner Field on June 14, 2016 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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ESPN’s Jerry Crasnick reports that the Mariners are among the teams that have contacted the Reds about outfielder Jay Bruce. The Mariners enter play Wednesday 51-48, six games out of first place in the AL West and 4.5 games out of the second AL Wild Card slot. Adding an impact bat like Bruce could help in their effort to reach the postseason.

Norichika Aoki and Seth Smith have handled the bulk of the playing time in left field. While Smith has hit well, Aoki has not. Bruce came into Wednesday’s game against the Giants batting .271/.324/.567 with 24 home runs and a league-best 78 RBI.

Bruce can become a free agent after the season if his controlling team declines his $13 million club option for the 2017 season by paying him a $1 million buyout. If he’s traded mid-season, his new team won’t be able to make him a qualifying offer, so the club option may be more enticing than it looks at first glance.