Image (1) yankee%20stadium.jpg for post 4012

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



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)

Lloyd McClendon will return as Tigers’ hitting coach in 2017

OAKLAND, CA - JULY 05:  Manager Lloyd McClendon #21 of the Seattle Mariners looks on from the dugout against the Oakland Athletics in the top of the six inning at Coliseum on July 5, 2015 in Oakland, California.  (Photo by Thearon W. Henderson/Getty Images)
Getty Images
1 Comment

The Tigers will promoted Triple-A manager Lloyd McClendon to hitting coach for the 2017 season, according to a statement released by the team on Friday afternoon.

McClendon’s history with the Tigers is long and storied. After serving five seasons as the Pittsburgh Pirates’ hitting coach and manager, he got his start with Detroit in 2006 as a bullpen coach, then transitioned to hitting coach from 2007 through 2013. When the Tigers hired Brad Ausmus to replace former manager Jim Leyland, McClendon took the opportunity to break from the team and pursue another managerial position of his own with the Seattle Mariners, whom he guided to a 163-161 record between the 2014 and 2015 seasons.

Following his departure from Seattle during the 2015 offseason, McClendon took a spot as skipper of the Tigers’ Triple-A club, managing the Toledo Mud Hens to a 68-76 finish in 2016. His return to the big league stage is accompanied by the hiring of assistant hitting coach Leon Durham, who previously served as the long-tenured hitting coach for Triple-A Toledo.

The international draft is all about MLB making money and the union selling out non-members

SAN JUAN, PUERTO RICO - MARCH 13:  A fan flies the Dominican Republic flag during the game against Cuba during Round 2 of the World Baseball Classic on March 13, 2006 at Hiram Bithorn Stadium in San Juan, Puerto Rico.  (Photo by Al Bello/Getty Images)
Getty Images

On Monday we passed along a report that Major League Baseball and the MLBPA are negotiating over an international draft. That report — from ESPN’s Buster Olney — cited competitive balance and the well-being of international free agents as the reasons why they’re pushing for the draft.

We have long doubted those stated motivations and said so again in our post on Monday. But we’re just armchair skeptics when it comes to this. Ben Badler of Baseball America is an expert. Perhaps the foremost expert on international baseball, international signings and the like. Today he writes about a would-be international draft and he tears MLB, the MLBPA and their surrogates in the media to shreds with respect to their talking points.

Of course Badler is a nice guy so “tearing to shreds” is probably putting it too harshly. Maybe it’s better to say that he systematically dismantles the stated rationale for the international draft and makes plan what’s really going on: MLB is looking to save money and the players are looking to sell out non-union members to further their own bargaining position:

Major League Baseball has long wanted an international draft. The driving force behind implementing an international draft is for owners to control their labor costs by paying less money to international amateur players, allowing owners to keep more of that money . . . the players’ association doesn’t care about international amateur players as anything more than a bargaining chip. It’s nothing discriminatory against foreign players, it’s just that the union looks out for players on 40-man rosters. So international players, draft picks in the United States and minor leaguers who make less than $10,000 in annual salary get their rights sold out by the union, which in exchange can negotiate items like a higher major league minimum salary, adjustments to the Super 2 rules or modifying draft pick compensation attached to free agent signings.

Badler then walks through the process of how players are discovered, scouted and signed in Latin America and explains, quite convincingly, how MLB’s international draft and, indeed, its fundamental approach to amateurs in Latin America is lacking.

Read this. Then, every time a U.S.-based writer with MLB sources talks about the international draft, ask whether they know something Ben Badler doesn’t or, alternatively, whether they’re carrying water for either the league or the union.