Judge Questions $4.7B NFL Verdict: New Trial or Fewer Damages Possible

The massive NFL Sunday Ticket verdict wasn’t going to lead to immediate payouts to the millions of consumers and business owners covered by the class-action lawsuit. 

But more than a month after a jury found the NFL liable for over $4.7 billion in damages (an award that could triple to $14 billion under antitrust law), U.S. District Court Judge Philip Gutierrez expressed concerns about the eight jurors’ math. Gutierrez said at a Wednesday hearing it was clear the jury “didn’t follow the instructions” and came up with a figure that wasn’t presented from evidence offered at the three-week trial. 

Gutierrez is faced with a few different options on how to remedy the award, including totally setting aside the verdict. It’s more likely, however, that Gutierrez orders a new trial—one that likely won’t take place until 2025—unless he opts to reduce the damages or keep the verdict as is. 

“There was a chance Judge Gutierrez would rule from the bench, but it was not likely,” said Andrew Brandt, a former vice president with the Packers and current Sports Illustrated columnist. “Now we wait to see [what Gutierrez rules].”

There’s no precise timetable for when Gutierrez will make his ruling, but it’s likely to be several days from now, and potentially weeks. And whichever way he rules, the side on the wrong end of his decision will almost assuredly head to appeals court to challenge it. 

The lawsuit was composed of two classes: 2.4 million residential subscribers and 48,000 bar, restaurant, and other business customers who subscribed to Sunday Ticket from the 2011 through 2022 seasons.

Immediate Changes Unlikely

Gutierrez’s issues over the award calculations don’t mean he won’t issue an order that upholds the jury’s determination the NFL violated antitrust laws by keeping the out-of-market package’s price higher to appease Fox and CBS—which pay the league $4.4 billion combined to broadcast Sunday afternoon games. 

The NFL signaled in recent weeks it would appeal such a finding by Gutierrez. The 9th Circuit would almost certainly issue a stay preventing any structural changes as the appeal is argued, a process that would play out well into 2025. 

That would leave the current setup on YouTube TV—which began as the new exclusive home of Sunday Ticket last season as part of a seven-year, $14 billion deal—unchanged for the 2024 season. The current Sunday Ticket list price for non–YouTube TV subscribers is $449 with a $100 discount for YouTube TV customers.