December 29, 2024

Then the NFL suddenly won the case and no longer owes even a dime.
That stunning development happened over the summer. 
In June, a jury in Los Angeles found the NFL violated antitrust law through its 32 teams pooling broadcasting rights for out-of-town fans and, jurors believed, exploiting that pooling to charge higher prices. The verdict reflected the NFL’s use of the Sunday Ticket to distribute games to out-of-town fans. In an alternative arrangement in which NFL teams competed in broadcasting, NFL teams—which make their game broadcasts available to local fans for free (unlike NBA, NHL and MLB teams)—could individually negotiate to broadcast their games to fans living outside teams’ home territories. 
But a month later, the trial judge, Philip S. Gutierrez, granted the NFL a judgment as a matter of law. The ruling was a rarity since it means, as Gutierrez wrote, “no reasonable jury could have found class-wide injury or damages.” Gutierrez concluded jurors, who during a three-week trial heard from 27 witnesses and saw 82 admitted exhibits, were very confused by the case. They mistakenly interpreted a discount on pricing as an overcharge and, Gutierrez concluded, didn’t logically follow expert testimony about hypotheticals involving NFL game broadcasts distributed like college games.
The plaintiffs have appealed to the U.S. Court of Appeals for the Ninth Circuit. The NFL insists its arrangement enhances opportunities for fans to watch games since in the absence of pooling, some fans who live out-of-town could lose access to games or have to pay more to watch them. For the 2024 season, the Sunday Ticket costs $479 via YouTube TV, though the price is much lower for college students—$199—and can be lower through various other discounts/packages. Meanwhile, bars and restaurants pay more for the Ticket so they can show games to customers.

The NFL’s legal success out West was also apparent in May when a panel of three Supreme Court of Nevada justices ruled 2-1 against former Las Vegas Raiders head coach Jon Gruden, who accuses NFL commissioner Roger Goodell or someone on the commissioner’s behalf of tortiously interfering with his Raiders contract. The case centers on Gruden resigning in disgrace from his job in 2021—and walking away from about $60 million remaining on his contract—after The Wall Street Journal and The New York Times published Gruden-authored emails containing racist, misogynistic and homophobic remarks. The problem with Gruden’s case is that Gruden contractually accepted an arbitration clause in his Raiders contract and he can’t sue until he exhausts that clause. The arbitration would be overseen by Goodell, the same person he accuses of misconduct. 
But Gruden still has a chance. In October, other justices agreed to reconsider the case. Perhaps 2025 will be a better year in court for the 61-year-old man who coached the Tampa Bay Buccaneers to a Super Bowl victory in 2003.
·      Michael Jordan Scores Injunction Against NASCAR
23XI Racing, which is owned by Michael Jordan and Denny Hamlin, and Front Row Motorsports sued NASCAR and CEO Jim France this fall in an antitrust lawsuit accusing NASCAR of using monopoly power to suppress competition in ways that limit economic opportunities for premier stock car racing. NASCAR disputes the allegations and argues 23XI Racing and Front Row are upset they didn’t get their way in negotiating a charter agreement. The teams declined to sign a charter, which guarantees a starting position in NASCAR-sanctioned races while restricting a team’s capacity to compete in other circuits and requires them to waive potential legal claims.
The Jordan-led group’s first attempt for a preliminary injunction that would allow the two teams to compete as charter teams and not relinquish legal claims was rejected in November. A federal district judge reasoned that an injunction wasn’t needed since the alleged harm seemed theoretical. U.S. District Judge Frank D. Whitney noted there was no (apparent) forthcoming loss of drivers, sponsorships or fans. 

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