A federal jury in Los Angeles Thursday found the NFL liable in the Sunday Ticket class action and awarded the plaintiffs more than $4 billion in damages.
However, it’s possible, and likely, that the NFL will not have to pay any money for years and potentially never pay a dime.
🏈What is this case about?
Fans of their local NFL team can watch their games for free on local tv. However, to watch an out-of-town team, a fan needs to buy the NFL Sunday Ticket.
The case is a class action on behalf of more than 2.4 million residential subscribers and more than 48,000 restaurants, bars and other commercial establishments that purchased Sunday Ticket. The plaintiffs argue that NFL teams pooling their broadcasts through the Sunday Ticket violated antitrust law. Basically, the plaintiffs are saying that if NFL teams competed for broadcasting deals, it would result in competition which may lower the cost for out-of-market games or make them free all together.
🏈🏈 The NFL Will Appeal
The NFL can, and likely will, appeal to U.S. District Judge Philip Gutierrez. Specifically, the NFL will likely seek something called a “judgment notwithstanding the verdict.” In short, the NFL will ask the judge to overrule the jury’s verdict arguing that no reasonably jury could have reached the verdict given the evidence presented at trial or that the jury simply misapplied the law. The NFL will also likely ask the judge, in lieu of overruling the verdict, to substantially reduce the damage award.
If the NFL loses at the District Court level it will almost certainly appeal to the Ninth Circuit Court of Appeals. In so doing, the NFL will ask for a stay of the judgment pending the appeal. To get the stay, the NFL may have to post a bond (that’s not going to be a problem for the NFL) and if a stay is granted it means everything is on hold pending the appeal.
Of course, the parties could always settle, but don’t hold your breath.
🏈🏈🏈 What’s the bottom line?
Once again, we have spicey headlines of a massive jury verdict. However, as with most jury verdicts in civil cases, there is a lot more to the story. There is a long road ahead before the NFL pays any money or alters its broadcasting structure.
If you are or were an NFL Sunday Ticket subscriber, the check is not in the mail.
Stay tuned for more updates.
#law #sportslaw
