As expected, Wednesday’s hearing regarding the Sunday Ticket case didn’t result in a ruling from the bench.
Via A.J. Perez of FrontOfficeSports.com, Judge Philip Gutierrez took the matter under advisement, after three hours of proceedings in court.
Rulings from the bench aren’t common, but they happen. They usually happen only when the outcome is clear, in the opinion of the presiding judge.
Last month, an eight-person jury found that the NFL’s Sunday Ticket package violates federal antitrust laws. The jury awarded $4.7 billion in damages. If/when the verdict becomes a formal judgment, the total liability automatically triples (by law) to $14.1 billion.
The judge can grant full judgment notwithstanding the verdict to the NFL, he can throw out the damages award, and he can order a new trial. He also can find that the law doesn’t require him to overturn the work of the jury, upholding the entire verdict.
Whatever decision he makes will be appealed. And judges hate to be overturned by appellate courts. It amounts to a public rebuke of the judge’s work.
So, ultimately, Judge Gutierrez likely won’t be guided by what he thinks is right or wrong or fair or unfair but by what he thinks is more likely to be upheld when the case ultimately makes its way to the U.S. Court of Appeals for the Ninth Circuit.