In a move that would have been a surprise only if it hadn’t happened, the plaintiffs in the Sunday Ticket class action have officially commenced the process of appealing the decision of Judge Philip Gutierrez to overturn a $4.7 billion jury verdict — which would have become a $14.1 billion judgment under the federal antitrust laws.
Via multiple reports, a notice of appeal was filed in the case.
The notice, filed with the district court, activates appeal of the case to the United States Court of Appeals for the Ninth Circuit. No legal brief is filed with the notice of appeal. It’s a simple and short document, as simple and short as any legal filing ever is.
The move triggers the next stage of the proceedings, which will consume more than a few months. Relevant aspects of the record will be designated. Deadlines will be established for filing briefs. Often, the possibility of a mediated settlement will be considered.
While oral argument is not automatic, a case like this surely will entail a three-judge panel. The identity of the judges — and, specifically, the political leanings of the president(s) who appointed them — will have a major influence on the outcome. It will be, as previously explained, a crapshoot.
The losing party will have the ability to seek a rehearing and, ultimately, a hearing before the full Ninth Circuit. At some point, the appeal will be finalized. The losing party will have the ability to ask the U.S. Supreme Court to consider the case.
The amount of the verdict, and the requirement that it be tripled under the antitrust laws, guarantees that the case will be appealed and appealed and appealed until all appeals are exhausted. If it’s ultimately sent back to the trial court for further proceedings (including potentially a new trial or a trial on damages only), a different judge will handle the case. Next month, Judge Gutierrez will be retiring.
The case flows from the argument that the NFL’s distribution and pricing of the Sunday Ticket package violates federal antitrust laws. The judge concluded that the evidence at trial supported a jury verdict as to liability. The judge threw out the damages verdict because he found that the expert testimony supporting the award was insufficient, after he had found it was.
The NFL has not made any changes to Sunday Ticket for 2024. The class action covers 2011 through 2022. Further litigation is possible (if not inevitable) for 2023 and onward. Last year, the out-of-market package shifted from DirecTV to YouTube.