On Wednesday, the judge presiding over the Sunday Ticket antitrust trial heard arguments on the NFL’s effort to scrap a $4.7 billion verdict. The article from Joe Reedy of the Associated Press contains an eyebrow-raising claim about what the presiding judge said.
Per the article, Judge Philip Gutierrez said the jury did not follow his instructions in determining damages.
If that’s what Gutierrez concludes, the verdict could be in grave danger. The judge could reduce the damages to $1. Or he could order a new trial on that issue.
But here’s the one caveat I’ll apply to the AP article. There’s no direct quote from Gutierrez. And the full transcript of the hearing could paint a somewhat different picture.
That’s based on experience. From this same case. From that same outlet. The AP article regarding Gutierrez’s concerns about the plaintiffs’ case, as articulated in court in June 18, were undermined by the full content of the transcript. Yes, Gutierrez expressed concerns about the plaintiffs’ case. After the plaintiffs’ lawyer explained the case, the court seemed to back off.
So, with all due respect to Reedy and the AP and anyone else present at the hearing, we’ll be getting the transcript from today and reading it all. It’s entirely possible that Gutierrez said exactly what he said, without anything else said during the hearing softening it. It’s also possible that the full context of the remarks paints a different picture.
That said, if Judge Gutierrez said the jury didn’t follow the instructions and if that’s his conclusion, the plaintiffs have a very real problem.