In a move that would have rocked the football world if it hadn’t been expected, the plaintiffs in the Sunday Ticket class action lawsuit are standing firm and appealing the decision made by Judge Philip Gutierrez to overturn a staggering $4.7 billion jury verdict – a judgment that would have ballooned to a jaw-dropping $14.1 billion under antitrust laws.
Reports have flooded in regarding the official filing of the notice of appeal in the case, which was submitted to the district court. This sets the stage for the case to be taken to the United States Court of Appeals for the Ninth Circuit. The filing is devoid of any lengthy legal jargon that typically bogs down such documents, keeping it concise and to the point.
This appeal kicks off the next phase of the legal proceedings, a phase that promises to be lengthy and arduous. Various elements of the case will be meticulously examined and deadlines for filing briefs will be set. The possibility of a mediated settlement will be considered, although it is just one of many potential outcomes.
While there is no guarantee of an oral argument, it is likely that a three-judge panel will be appointed to hear the case. The political affiliations of the panel members, appointed by previous presidents, could play a significant role in determining the final verdict. The outcome is uncertain and, as some would put it, a “crapshoot.”
Depending on the final decision, the losing party may pursue a rehearing and even present the case before the full Ninth Circuit. Should all avenues within the Ninth Circuit be exhausted, there remains the option of appealing to the U.S. Supreme Court. The sheer magnitude of the verdict and the subsequent tripling under antitrust laws virtually assures that this legal battle will continue to escalate.
If the case eventually returns to trial court for further proceedings, a new judge will preside over the matter as Judge Gutierrez is set to retire next month. At the heart of this legal wrangling is the allegation that the NFL’s distribution and pricing strategies for the Sunday Ticket package are in violation of federal antitrust laws. The initial verdict found the NFL liable, but the damages awarded were ultimately dismissed due to insufficient expert testimony.
As the legal tug-of-war unfolds, the NFL has remained steadfast in its decision not to make any changes to the Sunday Ticket package for the upcoming 2024 season. The class action lawsuit spans from 2011 to 2022, leaving the door wide open for additional litigation in the years ahead. With the out-of-market package having shifted from DirecTV to YouTube last year, the landscape of this legal battle continues to evolve.
