Really interesting oral argument in the Second Circuit yesterday about whether baseball's alleged tolerance of electronic sign stealing creates a claim for fantasy baseball players. The appellate panel is ... skeptical.
And yes 1/
ca2.uscourts.gov/decisions/isys…
And yes 1/
ca2.uscourts.gov/decisions/isys…
the Yankees' team President, who is a lawyer, argued personally that the district judge erred in deciding to make a letter about the Yankees public (this was a side issue). He was... too casual, but ok. His position is going to lose however.
One interesting #AppellateTwitter part:
Lawyer: "I think you're looking at this from the wrong perspective Judge"
Judge: "I'm sure I am, but you had better tell me how."
Lawyer: "I think you're looking at this from the wrong perspective Judge"
Judge: "I'm sure I am, but you had better tell me how."
I would say this is probably not the best way to do it! There are alternatives, such as "I disagree your honor, but let me explain."
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