The class-action NFL Sunday Ticket lawsuit just got a huge update from the judge of the case. According to U.S. District Judge Philip Gutierrez, the jury in the case did not follow the judge's instructions when determining damages.
Gutierrez made the remark while hearing the NFL's post-trial motion that he rule in favor of the league if he finds that the plaintiffs did not prove their case. It is possible that Gutierrez orders a new trial to correct this mistake.
There is no timeline on when Gutierrez will rule on the motion.
The judge's jury instructions were that “damages may not be based on guesswork or speculation. Plaintiffs must prove the reasonableness of each of the assumptions upon which the damages calculation is based.” They arrived at a $4.7 billion figure, which is split amongst the residential class for home subscribers ($4.6 billion) and commercial class for businesses ($97 million).
The jury did not conform to past economic models presented by economic experts in the case. Instead, the injury took the 2021 listed price of Sunday Ticket ($294) and subtracted $102.74, the average price actually paid by residential subscribers. They then took that new number ($191.26) and multiplied it by the number of subscribers to come up with the damages amount.
“The damages amount is indefensible,” NFL attorney Brian Stekloff said during his remarks to Gutierrez, according to ESPN.
Roger Goodell, NFL reacts to latest development in NFL Sunday Ticket lawsuit
The NFL released a statement following the remarks by Gutierrez.
“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 statement read. “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.”
The league has claimed that they will appeal the verdict in this case. If they go that route, the case will head to the 9th Circuit Court of Appeals. The Supreme Court would be the next step after that.
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