This is the kind of bad news on Friday afternoon that counts as horrible news for the NFL.
Via Reuters’ Mike Scarcella, the U.S. Court of Appeals for the Ninth Circuit has reinstated the $4.7 billion verdict as part of the Sunday Ticket class action.
However, the Reuters article apparently misinterpreted the decision. Mark Maske of Front Office Sports characterizes the result as follows: order a new trial for damages.
“The jury clearly awarded damages based on an improper consideration of the evidence rather than as directed by the district court,” the Ninth Circuit wrote, according to Maske. “This warrants a new trial on damages. We remand this case to the district court to reinstate the jury’s liability verdict and hold a new trial on damages.”
A retrial for damages could result in a lower (or similar or, in theory, higher) final verdict.
The original award, handed down by a jury in July 2024, was overturned by the presiding judge due to concerns about the evidence presented by the plaintiffs regarding economic harm. The judge did not reject the finding that the NFL violated federal antitrust laws in its pricing of the Sunday Ticket package.
If/when a verdict becomes an official judgment, damages will be tripled.
The initial verdict sent shockwaves through the league, as it would ultimately require each team to provide $440 million in cash. Statutory interests will push this figure even higher.
The NFL will undoubtedly appeal the final decision to the U.S. Supreme Court, which will first have to decide whether to accept the case before issuing a ruling. The case might not be ripe for an appeal to the Supreme Court until a retrial for damages takes place — if that is indeed what the Ninth Circuit actually ordered.
Whatever happens next, the situation instantly becomes the most significant dispute in the league’s 100-plus year history.
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