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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)

Yoenis Cespedes says he’s 100%

Yoenis Cespedes
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Yoenis Cespedes, who took a pitch off his hand last week, scaring the bejesus out of Mets fans, said today that he’s “100 percent ready” for the NLDS against the Dodgers.

He sat out Thursday and then went 2-for-7 with a double and a walk in the Mets’ remaining games. While he only had bruises on those fingers, pain and discomfort have, in the past affected guys who have been hit on the hands, messing with grip and power. Cesepdes saying that’s not an issue is a good thing.


Ichiro Suzuki is re-signing with the Marlins for 2016

Ichiro Suzuki

Fresh off his season-ending pitching debut, Ichiro Suzuki has decided to re-sign with the Marlins for 2016.

Joe Frisaro of reports that an official announcement will be made later today,

Suzuki was one of the worst players in baseball this season, hitting .229 with one homer and a .561 OPS in 153 games as a semi-regular for the Marlins at age 41. He hasn’t topped a .700 OPS since 2010, hitting a combined .268 with a .304 on-base percentage and .342 slugging percentage in 769 games during the past five seasons.

He’s also just 65 hits short of reaching 3,000 for his MLB career and presumably the Marlins like being involved in that upcoming milestone and having the well-liked future Hall of Famer in the clubhouse to keep him around in what will no doubt be a lesser role.