A jury in federal courtroom in California selected Thursday that the NFL and its member groups violated federal antitrust legal guidelines with the “Sunday Ticket” bundle. Following Thursday’s historic jury verdict in opposition to the NFL and its member groups — that would have the league on the hook for over $14 billion in damages to plaintiffs, together with particular person followers and industrial institutions who purchased “Sunday Ticket” — many are questioning when particular person group packages might hit the airwaves, in addition to after they would possibly see a test.
To cite the nice Lee Corso, “not so quick my buddy.”
Retaining this in soccer phrases, the decision is akin to the league getting sacked for an enormous loss. You would possibly even say they’re dealing with third and lengthy.
However they won’t be punting anytime quickly, and we’re within the first quarter of a recreation that seemingly comes right down to the ultimate play.
And perhaps even additional time.
So let’s take a second to speak about what might occur subsequent, and the place this would possibly all finally find yourself. However earlier than we dive in you will need to be aware that whereas I used to be not the world’s best lawyer — the truth that I’m now a sports activities author and now not working towards regulation speaks to that time — I did spend a decade working towards civil litigation. Whereas I by no means practiced within the Ninth Circuit, I do have some appellate expertise on my resume, which is mendacity round right here someplace …
What occurs subsequent?
NFL followers are about to get a crash course in complicated civil litigation, and the related calendar and scheduling points related to such issues.
On the outset, it appears value mentioning that this case was initially filed in 2015. That’s proper, it took nearly a decade to get thus far.
And we’d nonetheless be within the first quarter.
The following step following this verdict comes on the finish of July. That’s when Decide Philip Gutierrez, who was the trial decide on this matter, will hear post-trial motions. That listening to is ready for July 31.
The NFL will seemingly file motions alongside numerous strains, together with a movement for judgment however the decision (JNOV). Merely put, it is a movement arguing that no affordable jury might have discovered what the jury on this case did, given all of the information that had been elicited at trial.
In soccer phrases, that is most likely on par with a Hail Mary, however you will need to be aware that at sure factors on this trial Decide Gutierrez expressed some skepticism — if not downright frustration — with the case set forth by the plaintiffs. At one level Decide Gutierrez went so far as telling plaintiffs’ counsel “[y]ou actually don’t have anything” concerning their case, and at one other level chastised plaintiffs’ counsel for overcomplicating the trial. “The best way you might have tried this case is way from easy,” Gutierrez informed attorneys representing the subscribers. “This case has was 25 hours of depositions and gobbledygook. … This case has gone in a path it shouldn’t have gone.”
Nonetheless, that doesn’t imply that Decide Gutierrez have a propensity to fully put aside the decision, and there are different pathways the league can discover on the post-trial listening to. They will file a movement in search of remittitur, arguing that the damages award on this case rendered by the jury is extreme.
Lastly, as set forth by Michael McCann in his evaluation of the place the case stands, the NFL might search to have Decide Gutierrez desk any potential adjustments to the “Sunday Ticket” construction till the case reaches its full decision.
No matter what Decide Gutierrez decides to do — whether or not on July 31 or someday after if he takes issues below advisement to render choices on a later date — the league is probably going going to enchantment this matter to the Ninth Circuit. In a assertion following the decision, the league indicated that they might “ … actually contest this choice as we imagine that the category motion claims on this case are baseless and with out benefit.”
Once more, they don’t seem to be punting anytime quickly.
Ought to they enchantment this matter to the Ninth Circuit, we’re then speaking about months, if not longer, for the Ninth Circuit to weigh in on the case. As famous by McCann in his above evaluation, “ … Ninth Circuit appeals typically take within the ballpark of a year-and-half to just about three years.” And the league would merely wait on making any adjustments to their “Sunday Ticket” construction till, as they might seemingly argue, the case “reaches a full-and-final decision.”
However we’d not get that from the Ninth Circuit.
Sure, this might go to the Supreme Courtroom.
May this actually go to the Supreme Courtroom?
An often-used joke in on a regular basis life, when somebody endures the slightest of grievances, is the road “I’m taking this to the Supreme Courtroom.”
That may really occur right here.
The explanation? As my very own Constitutional Regulation professor Michael Gerhardt drilled into my mind the primary semester of regulation faculty, the Supreme Courtroom is the ultimate arbiter of questions of federal regulation. And whereas the case in opposition to the league is fascinating regarding what it might imply for the NFL and its followers, there may be really a reasonably attention-grabbing — if dry — federal query at concern right here.
That’s the present applicability of the Sports activities Broadcasting Act, present in 15 US Code Sections 1291-1295.
Handed in 1961 and signed into regulation by President John F. Kennedy, the SBA adjusted federal antitrust regulation to permit sports activities leagues to pool broadcasting rights of all their groups and signal unique league-wide offers with networks.
Within the case at hand, Plaintiffs argued that the SBA doesn’t apply to the “Sunday Ticket” bundle as a result of the SBA applies to “over-the-air” broadcasts, and never cable or satellite tv for pc packages. In distinction, the league asserted that the SBA barred the Plaintiffs’ claims, arguing that the language of the SBA permits the league to arrange a service reminiscent of “Sunday Ticket.”
Decide Gutierrez beforehand brushed this declare by the league apart. In his earlier choice denying the NFL’s Movement for Abstract Judgement, Decide Gutierrez cited earlier choices by the Ninth Circuit in doing so:
“And the Ninth Circuit expressly distinguished between “the NFL’s collective sale of telecast rights to free, over-the-air tv networks [which] was squarely coated by the SBA” with “league contracts with cable or satellite tv for pc tv companies, for which subscribers are charged a price,” which the SBA doesn’t exempt from antitrust legal responsibility.”
That is the form of federal regulation query that the Supreme Courtroom would possibly wish to weigh in on, given the path sports activities broadcasting is transferring proper now, towards extra cable and satellite tv for pc tv companies.
Which might imply a good longer delay to a remaining decision.
What occurs within the interim?
What occurs within the interim, you would possibly ask?
We wait.
As a result of the wheels of civil litigation grind slowly, there may be seemingly a post-trial course of that may play out over months if not years.
So if you’re a earlier subscriber to “Sunday Ticket” on DirecTV, you won’t wish to be operating to the mailbox daily ready for a test.
