The Yankees reportedly intend to fight an appellate court's order to unseal a 2017 letter...
Friday's report said the Yankees plan to file a petition either later in the day or Monday, the deadline for submission, for an en banc hearing with the U.S. Second Circuit Court of Appeals. That appeal would ask the circuit court's 13 active judges to rehear the case. The appellate court's previous ruling was made by a three-judge panel.The Yankees have claimed making the letter public would result in"severe reputational damange.
The lawsuit was dismissed and U.S. District Court Judge Jed Rakoff ordered"a minimally redacted version" of the letter to be unsealed. That order was stayed pending the appeal by the Yankees and MLB before the appellate court upheld Rakoff's ruling and dismissal of the lawsuit. The lawsuit's plantiffs had argued that a Manfred press release in 2017 had been an"actionable misrepresentation" of the facts laid out in the letter, with the plaintiffs claming that “the investigation had in fact found that the Yankees engaged in a more serious, sign-stealing scheme.”
On Sept. 15, 2017, MLB issued a statement from Manfred concluding the investigation into the Red Sox's illegal use of an Apple Watch, which had been prompted by a complaint lodged by the Yankees. As a part of that investigation, Manfred discovered the Yankees' illegal use of their dugout phone and fined them a"lesser, undisclosed amount" than he levied the Red Sox.
“No club complained about the conduct in question at the time and, without prompting from another club or my office, the Yankees halted the conduct in question,” Manfred wrote. “Moreover, the substance of the communications that took place on the dugout phone was not a violation of any rule or regulation in and of itself. Rather, the violation occurred because the dugout phone technically cannot be used for such a communication.
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