A federal judge overturned a jury’s $4.7 billion verdict in the class-action lawsuit filed by “Sunday Ticket” subscribers against the NFL and has granted…
The lawsuit covered 2.4 million residential subscribers and 48,000 businesses in the United States who paid for the package on DirecTV of out-of-market games from the 2011 through 2022 seasons.U.S. District Judge Philip Gutierrez ruled Thursday that the testimony of two witnesses for the subscribers had flawed methodologies and should have been excluded.“Without the testimonies of Dr. Rascher and Dr.
Rascher’s models were variations of a college football model. Rascher, an economist at the University of San Francisco, said during his testimony that “they figured it out in college sports, they would certainly figure it out at the NFL.” “Without knowing what “direct-to-consumer” meant, it is impossible to determine if it would have been economically rational for consumers to purchase ”Sunday Ticket” from an alternative distributor at a higher price,” Gutierrez said. “And, that definition was necessary for determining whether a viable alternative distributor even existed during the class period. Without that information, the Court cannot determine whether the but-for worlds without exclusivity were modeled reliably.
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