Judge in NFL Sunday Ticket Case Says Jury Disregarded Instructions as League Tries to Get Case Tossed
Judge in NFL Sunday Ticket Case Says Jury Disregarded Instructions as League Tries to Get Case Tossed
The NFL may not get a complete ruling in its favor, but it appears to stand a good chance of having damages in the case reduced.
The NFL returned to court on Wednesday, where the league filed a motion asking Judge Phillip Gutierrez to throw out the verdict in the class-action lawsuit over NFL Sunday Ticket and rule in the league’s favor. In late June, a jury found that the NFL owed $4.7 billion in damages in a case brought by over 2 million residential customers, as well as 48,000 bars and restaurants alleging that the league’s out-of-market games package violates antitrust laws. The league set out to get the verdict dismissed almost immediately, and if Judge Gutierrez’s findings on Wednesday were any indication, the NFL could be one step closer to getting the ruling thrown out.
Key Details:
- Judge Gutierrez says the jury did not follow instructions on how to award damages in the case.
- Reports state the jury simply made up its own formula for calculating a dollar amount.
- A wide range of outcomes for the case still exist, and either side is likely to appeal whatever the decision is.
During the hearing for the NFL’s motion, Gutierrez said that the jury did not properly listen to guidelines on how to award damages. According to the Associated Press, two models for calculating damages — one by economist Daniel Rascher and one by expert witness John Zona — were improperly ignored by the jury.
Instead, the panel found the 2021 list price of Sunday Ticket ($293.96) and subtracted the amount the average residential customer actually paid for the service ($102.74). They multiplied the remainder by the number of subscribers to come up with the finalized figure.
The NFL’s lawyers were quick to call that number “nonsensical” when the verdict was announced, and started the process of trying to get the case tossed immediately. “The damages amount is indefensible,” NFL attorney Brian Stekloff said on Wednesday, using similar language.
“Today we asked the district court to set aside the jury’s verdict in this case, which is contrary to the law and unsupported by the evidence presented at trial,” the NFL said in a statement. “The NFL’s media distribution model is the most fan friendly in sports, with all games broadcast locally on free over-the-air television in addition to many other choices available to fans who want even more access to NFL content. We will continue to pursue all avenues in defense of the claims brought in this case.”
Attorney Marc Seltzer said on behalf of the plaintiffs in the case, “The evidence for the jury supported our case from the beginning.”
What Options Does Judge Have in NFL Sunday Ticket Case?
This is not the first time in the course of the trial and its aftermath that Gutierrez has looked askance at the plaintiffs’ case. He has several options in spite of the jury’s ruling in their favor, and many of them benefit the NFL. Former Green Bay Packers director of football operations Andrew Brandt laid out the judge’s options for deciding in the league’s favor on X (the social media site formerly known as Twitter).
NFL in court today appealing $14B verdict in Sunday Ticket litigation. Judge can:
— Andrew Brandt (@AndrewBrandt) July 31, 2024
1) Throw out verdict and rule for NFL;
2) Reduce damages award;
3) Send back for a new trial.
Rare for judges to not respect jury verdicts, but this judge did seemed frustrated by plaintiffs’ case.
Any of those options would sound better to the league than seeing the current damages award stand, which is also a possibility. The $4.7 billion figure will be tripled because of the antitrust nature of the case, and getting NFL owners to pony up over $14 billion to pay out to plaintiffs won’t be a fun conversation for commissioner Roger Goodell.
Whichever side loses in Judge Gutierrez’s final deliberations is almost certain to appeal, and the case could wind up before the Supreme Court when it’s all said and done. Jury deliberations may have ended in the Sunday Ticket trial, but it appears the case is far from finished.
NFL Sunday Ticket
NFL Sunday Ticket is a subscription video streaming service that allows football fans to watch every live out-of-market NFL game on Sunday afternoons on YouTube or YouTube TV.