March 28th, 2018

In Defense of the Unicorn: Baseball, Peace and a Better Day

An old baseball of mine that I had stitched back together as a kid to keep the leather on. You didn’t buy them by the dozen back then. Every baseball was precious.

It’s in the air. I can smell it. And so can Jay Breakstone, appellate lawyer and wordsmith extraordinaire who, in 2014, penned Baseball, Poetry and Crocuses (Pitchers and Catchers Report Next Week!) for this space.

No stranger to conflict (of which he writes today), Breakstone grew up in East Flatbush, the product of a tumultuous mixed marriage: His mom was a Brooklyn-born die hard Dodger fan and his Dad a Bronx-born Yankee fan.

He survived that experience to emerge as a die hard Mets fan.

Perhaps, if the union of Dodger and Yankee fans can mint something like Jay, there is hope yet for the country:

—————————–By Jay Breakstone———-

America has become such an uncomfortable place to live nowadays. When I say “uncomfortable,” I thoroughly understand that such terms are relative. But being an American has meant that we worry about a lot less than those in other countries and I understand that.

Yet, to wake up every morning to the headache of political soap opera is taking its toll on me. I am more irascible than usual; quicker to yell at the morning news and yell at my family from dawn until dusk. This is not good, for there is a thin line between being a lovable curmudgeon and a raging lunatic. What to do?

And there it is. Shining through the gloom like a landing beacon on a dark runway; like Lady Liberty in the harbor; like Mom’s chicken soup, a Nathan’s hot dog or pastrami on rye from Katz’s Delicatessen. Goodness knows, its done it before; brought hope where there was none and salvation to the depths of hell. Opening Day.

Yes, Virginia, there is a new tomorrow, and sacrilegious as it may be, God lives only 60 feet, 6 inches from home plate. In fact, whether you believe in God or not, you can still believe in baseball.

You can be a Democrat and believe in baseball. You can be a Republican and believe in baseball. You can be a Democrat or a Republican, sit side by side in the same temple, and believe in baseball together. You can speak English, Spanish, Greek, Serbo-Croat, even Pig Latin, and believe in baseball.

You can belong to the N.R.A., the A.C.L.U., the National White People’s Party, the N.A.A.C.P. or the Mickey Mouse Club and believe in baseball. Because, as it says in an oft-forgotten footnote in Genesis: “And G-d saw baseball, and it was good.”

Have you ever noticed those old pictures of men in suits and hats, sitting in ball parks during the business day? Why weren’t they at work? One of them, a young attorney in New York City, nearly lost his job because he kept sneaking out to Giants games at the Polo Grounds.

Nonetheless, the kid made good, but never forgot the magic of baseball. So, when he worked his way up to being President of the United States and the country he led was in the depths of soul-shattering gloom following Pearl Harbor, Franklin Roosevelt knew one thing that would cut through the fog: baseball. He declared that the Axis could do many bad things, but it could never stop baseball, which continued throughout the war.

Time and time again, baseball has been that never changing point in an ever-changing American universe. To those of us who were at Shea Stadium on September 22, 2001, it was much the same thing. Roosevelt’s words to Judge Kenesaw Mountain Landis, baseball’s Commissioner in 1942, still rang true: “I honestly feel that it would be best for the country to keep baseball going[.]”

I suggest that we need baseball now more than ever (as if there was ever a time we didn’t.) I think everyone should stay home from work on Opening Day and head to the ballpark instead.

If need be, dig up that old note from your mother, the one that says “Arthur could not be in school today. He has Dengue Fever.” If you can’t find it, I’m sure you can still forge her signature the way you did on the original. Eat a hot dog. Have a beer. Most important, let it go.

Nothing is so bad if it’s Opening Day, where all the past is prologue. Sure, it could turn out lousy, like the 1942 Brooklyn Dodgers, who had a phenomenal season, were in first place until September, only to lose the pennant to St. Louis. But on Opening Day, the Boys from Brooklyn took the opener, 7-5.

Opening Day is all about tomorrow. It always has been.

 

October 27th, 2015

Talkin’ Baseball — and the New York Mets

Michael Sergio, after he fell from the upper deck at Shea Stadium during game 6 of the 1986 World Series.

Michael Sergio, after he fell from the upper deck at Shea Stadium during game 6 of the 1986 World Series.

Over the years, I’ve hijacked my law blog to talk baseball on occasion. Why? Because I can. It’s my blog and I make the rules.

The first time I did it, I discussed the Supreme Court’s fantasy baseball team and the problems they had on recusal when a fantasy baseball case came before it.  I candidly admit it was great fun to write that post.

The Mets take the field in 30 minutes for the World Series. The last time they won, in 1986 against the Red Sox, I was at all four games in Shea Stadium.  It isn’t as easy to sneak in as it used to be (statute of limitations has passed, thank you very much) but I do have legit tickets for game 5 on Sunday, assuming there is a game 5 of course. (My game 6 tickets against the Cubs went unused due to the sweep.)

Without further ado, Talkin’ Baseball on a personal injury law blog (feel free to cue up the music as you read):

Baseball, Poetry and Crocuses (Pitchers and Catchers Report Next Week!)

False and Misleading Headlines (Youth Baseball Edition)

April Fools’ Day Quiz, Justice Alito, and Baseball

25 Years Ago Today — Game 6, 1986 Wold Series

Opening Day – An Interview with 1986 Shea Jumper Mike Sergio

R.I.P. Jane Jarvis, Shea’s Queen of Melody (And a Lesson For Lawyers)

 

February 3rd, 2014

Baseball, Poetry and Crocuses (Pitchers and Catchers Report Next Week!)

OldBaseball

An old baseball of mine, that I had stitched back together to keep the leather on.

I found an old baseball of mine a few years ago. The white stitches that replaced the red originals were still in it from my childhood repair work. Throwing grounders in the street tended to chew things up.

We didn’t have megastores 40 years ago where you could buy them cheaply by the dozen. A baseball was precious. This one now sits on my desk in one of those plexiglass cases usually reserved for famously autographed balls.

While the calendar claims it’s winter, and Super Bowl conversation buzzing about, appellate lawyer Jay Breakstone sees spring. Pitchers and catchers are reporting to spring training next week, and the SCOTUS fantasy baseball league is getting ready to draft. He guest-blogged baseball a few years ago, and now returns.

Who says lawyers can’t write like poets?

————————————

Everyone in my neighborhood knows that I am the lunatic who walks down his driveway every morning in his bathrobe to get the newspaper.  It matters not whether there’s snow on the ground or it’s raining cats and dogs.  Going out like that in the morning is my way of thumbing my nose at the seasons.

It says that I am alive and have not succumbed to winter’s cold.  It shows that I believe that the sun will come up tomorrow, that there’s a bright golden haze on the meadow somewhere and that baseball will soon be here.

It’s not so much that baseball starts in the spring that makes it so life-affirming, but that baseball starts before spring that is.  Baseball assumes, when pitchers and catchers report in mid-February, that the snow on the ground or the chill in the air is just a temporary affliction that time will heal.

The fact that I walk down the driveway every winter morning in my bathrobe to pick up my newspaper, encased in a plastic bag to protect it from the snow and the ice, means nothing to baseball.  Baseball knows that somewhere, spring awaits.  It knows it before the crocuses stick their necks out of my flower beds and it knows it before that first morning that I can go down my driveway barefoot without freezing my toes off.

Baseball is eternal; a child’s game played by men as if they were boys.  There is no time clock in baseball; it is only played in one season – Baseball Season – and games end whenever they end, or when someone’s mother calls them home for dinner.

There is no death in baseball; fathers are fathers and sons are sons and they remain that way forever.  There is nothing outside of baseball; it has it’s own rules and traditions, none of which makes sense in the real world, because baseball doesn’t live there.

Finally, there are no green vegetables in baseball, only Cracker Jacks and peanuts in the shell that you get to throw on the floor and no one yells at you.

JayBreakstone

Jay Breakstone, lawyer and wordsmith.

No matter what happens – – no matter what Congress does or doesn’t do, no matter if global warming has us frying or the polar vortex has us freezing, no matter which Kardashian suffers a urinary tract infection or if Jimmy Fallon succeeds or fails – – no matter what, on March 31st the Mets will open their season against the Washington Nationals.  A day game.  A place for men to play hookie, once more, and for the world to be re-born, once again.

The magic words?  Batter up!

(Jay Breakstone  is the author of MondayMonday, his weekly ruminations on NY appellate practice and life.)

 

January 15th, 2014

False and Misleading Headlines (Youth Baseball Edition) – Updated

An unhappy Brett Lawrie of the Toronto Blue Jays throws his helmet in 2013.

An unhappy Brett Lawrie of the Toronto Blue Jays throws his helmet in 2013.

Headlines make a difference, as headlines can skew the viewpoint of the reader before the facts are even read in the article. That is, if the article is even read. Many folks, of course, just skim.

And so it is with KCRA in Sacramento, CA.

The headline reads:

14-year-old Little Leaguer sued by coach for celebrating win

The problem? That isn’t really why anyone was sued. An actual reading of the article reveals that the defendant, a 14-year-old, threw off his helmet as he raced home with a winning run. But the helmet hit the coach and caused a torn Achilles tendon.

The kid, in other words, wasn’t sued because for celebrating, but for causing an injury to his coach.

As per the article’s actual text:

In legal papers filed in court, the teen’s former coach, Alan Beck, contends the boy “carelessly threw a helmet, striking Plaintiff’s Achilles tendon and tearing it.”

Whether the underlying facts support the suit or not, I have no way of knowing. All we have now is a legal pleading and a short news story.

Will it be tossed out on assumption of risk grounds? Perhaps. Throwing helmets isn’t exactly part of the game, but as you can see from the graphic above of Brett Lawrie throwing his helmet in 2013, it does happen on occasion.

But one thing is clear. The headline writer didn’t accurately tell you what the story was about.

Does this matter? You bet. Because headlines like this help to shape public opinion, and that public opinion affects how potential jurors will feel about cases before a trial even starts.

(hat tip, Conrad Saam)

Update (1/16/14):  CNN now has the story, with interviews with the parents of the kid being sued, bemoaning the suit, and the coach who brought the suit discussing his Achilles injury from a 6-foot tall, 180 pound kid, and the lack of apology. CNN harps on the amount sued for: $500,000. And that makes this a good time to remember that ad damnum clauses such as this are a very bad idea. They have, thankfully, been outlawed in New York.

The coach that sued says “it’s not about the money,” but the fact that there is a number in the complaint for the media to focus on takes that issue out of his hands.

While I don’t know if this suit will survive due to assumption of risk issues — and if California law is the same as New York law I think it will get tossed — it’s clear that the CNN focus is on money instead of safety. I wrote about that recently when Red Bull was sued for $85M — where I noted that it was a very poor move to put a number in the complaint, not only because it isn’t allowed but because it shifted the focus away from product safety.

 

 

April 1st, 2013

April Fools’ Day Quiz, Justice Alito, and Baseball

Justice Sam Alito (or not?)

Today is April 1st. It’s also opening day for most baseball teams. So if you’re a Mets fan like I am, it’s an interesting happenstance, no?

But if you came here hoping for an April Fools’ Day gag, you’re going to be disappointed. It’s just a quickie quiz on Supreme Court Justice Samuel Alito and baseball.

Hoaxes have simply become too complicated and difficult for me to coordinate. The last couple of years I went through hundreds of emails setting up elaborate cock-and-bull stories. In 2011 it involved a 23-blog web ring. Last year I created a new web site just to hide what I was doing with over a dozen co-conspirators, since so many people were assuming I would use this site for trickery. If I did this again, my wife would kill me. Then she would divorce my rotting carcass. Even fun has its limits.

Also, it’s nice to retire before I go stale and start putting out lame crap.

But just because I’ve retired from gags doesn’t mean I can’t bring you a modest little quiz regarding law and baseball and focusing on Justice Alito pictured here at right on a baseball card from a fantasy baseball camp.

Or maybe it’s a fake card. This is, after all, April Fools’ Day and do you really believe anything I write? I can almost see your brain cells pulsing as you look to see who will get hornswaggled.

Cheating on this poll is easy, as anyone over the age of eight can use the Google. But if you cheat, a kitten will die and someone will turn you into an anti-kitten Facebook meme that will quickly devour the web because that’s what the web does best and it would really suck for you and then your spouse, kids and siblings would divorce your dead rotting carcass. I’m sure you don’t want to test that theory.

And you know I’m right, anyway, or you wouldn’t have read this far.

Where was I? Oh yeah, the poll.

Each question has a link. The link contains the actual answer. But you have to answer the poll first before you click the links to see if you were right. It’s all about the kittens, remember? If you didn’t remember the kittens from three short paragraphs ago then you’ve got bigger problems than I can deal with here.

But cheating is also about your soul. Don’t screw with your soul, it ain’t worth it for a little quiz, and someone might scratch “cheater” on your headstone one day, and that one day will probably be April 1st just for the karmic kicks.

In this quiz, everything below is true, except for one item. Which item below is false for SCOTUS Justice Alito?

1. He once went to a Philadelphia Phillies fantasy baseball camp that produced the baseball card you see above (link)

2. He was born on April Fools’ Day (link)

3.  Because he plays in a fantasy baseball league he recused himself on a case dealing with the sale of baseball statistics to statistical services for fantasy leagues (link)

4.  There is a website that compares all Supreme Court justices to people in baseball.  John Jay, for example, is compared  to the first baseball commissioner, Kenesaw Mountain Landis. Justice Alito  is compared to flame-throwing right-hander Jonathan Papelbon, because Papelbon was supposed to be the next Roger Clemens while Alito was touted at his confirmation as the next Scalia. (Papelbon is now with Alito’s beloved Phillies.) (link)

5.  His childhood ambition was to become commissioner of baseball. (link)

[poll id=”3″]

You didn’t cheat, did you?