A recent class-action lawsuit filed by 'Sunday Ticket' subscribers against the NFL has taken an unexpected turn as U.S. District Judge Philip Gutierrez expressed concerns over the jury's damages calculation. The judge noted that the jury did not adhere to his instructions in determining damages, prompting further legal scrutiny.
The lawsuit, which alleged that the NFL violated antitrust laws in distributing out-of-market Sunday afternoon games through a premium subscription service, resulted in a federal jury awarding $4.7 billion in damages to residential and commercial subscribers. However, the jury's calculations deviated from expert models presented during the trial.
While Dr. Daniel Rascher's college football model estimated damages at $7.01 billion and Dr. John Zona's multiple-distributor model at $3.48 billion, the jury arrived at its figure by considering the 2021 list price, average subscriber payments, and perceived overcharges.
NFL attorney Brian Stekloff criticized the jury's damages amount as 'indefensible,' while the subscribers' representative, Marc Seltzer, maintained that the evidence supported their case throughout the proceedings.
Given the potential tripling of damages under federal antitrust laws, the NFL could face a total liability of $14,121,779,833.92. The league has indicated its intention to appeal the verdict, a process that could involve the 9th Circuit Court of Appeals and potentially the Supreme Court.
Until all appeals are concluded, any payment of damages, modifications to the 'Sunday Ticket' package, or changes to the NFL's Sunday afternoon game distribution would be stayed. The NFL emphasized its commitment to defending the claims brought in the case and highlighted the fan-friendly nature of its media distribution model.
As Judge Gutierrez deliberates on the next steps, the outcome of the post-trial motion and the potential for a new trial remain uncertain. The legal proceedings surrounding the NFL 'Sunday Ticket' lawsuit continue to evolve, with implications for both the league and its subscribers.
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