A federal judge is growing frustrated with the class-action lawsuit filed against the NFL by Sunday Ticket subscribers.
Per the AP, U.S. District Court Judge Philip Gutierrez said that while the case’s premise is simple, “it has gone in a direction it shouldn’t have gone.”
Before Dallas Cowboys owner Jerry Jones took the stand Tuesday for a second day of testimony, U.S. District Judge Philip Gutierrez said the premise of the case was simple — who wouldn’t see the frustration of a Seattle Seahawks fan living in Los Angeles not being able to see their favorite team without buying a subscription for all the Sunday afternoon out-of-market games.
“The way you have tried this case is far from simple,” Gutierrez told attorneys representing the subscribers. “This case has turned into 25 hours of depositions and gobbledygook. … This case has gone in a direction it shouldn’t have gone.”
Gutierrez also criticized the plaintiffs on Monday for describing past testimony. On Tuesday, he appeared frustrated with the plaintiffs citing a lawsuit about licensing and sponsorships filed by Jerry Jones against the NFL nearly 30 years ago.
Tuesday was not the first time Gutierrez has expressed frustration with the plaintiffs’ side. On Monday, he admonished their attorneys for repeatedly describing past testimony, which he considered a waste of time.
Before Jones resumed his testimony, Gutierrez expressed doubts about plaintiffs’ attorneys citing Jerry Jones’ lawsuit against the NFL in 1995, which challenged the league’s licensing and sponsorship procedures.
“I don’t know what you are doing, but marketing is not media,” Gutierrez said.
Later in his testimony, Jones said he sued the NFL because the league sued him. Both sides eventually settled out of court.
The trial will continue on Thursday, with closing statements expected next week. However, there’s a chance it might not even get to the jury. Gutierrez said he is “struggling with the plaintiffs’ case” and could enforce a rule that the jury doesn’t have enough evidence to rule for either party.
Testimony will continue Thursday, with closing statements scheduled early next week. Gutierrez said he would consider invoking a rule where the court can find that a jury does not have sufficient evidence to rule for a party in a case.
“I’m struggling with the plaintiffs’ case,” he said.
This lawsuit was initially filed back in 2015, claiming that Sunday Ticket was an illegal monopoly. It took until February of 2023 for the suit to be certified by Gutierrez, with the trial beginning earlier this month. Among the potential witnesses listed were Roger Goodell, Robert Kraft, and Jones, who all ended up testifying.
As the trial has moved along, the plaintiffs have seemingly failed to make much of a compelling case. It appears exceedingly unconventional for a federal judge like Gutierrez to criticize a case and strategy in open court, and that can’t be a great sign, especially with the expected end quickly approaching.
If this is how this much-ballyhooed class-action suit ends after nearly a decade, it would be quite a disappointment for the plaintiffs.
[AP]
