With widespread accounts of the decide’s mini-tantrum towards the plaintiff’s case making a response from some that he’s about to throw the case out of court docket, it’s simple to overlook that the litigation stays on observe. Not dismissed. And heading for a jury verdict.
After a Wednesday break within the Sunday Ticket trial, testimony resumed on Thursday. By way of Craig Clough of Law360.com, Stanford economist Douglas Bernheim returned to the stand, spent the total day testifying, and can end his testimony when the trial reconvenes on Monday.
With Bernheim being the final scheduled witness for the NFL, the query then turns into whether or not the plaintiffs will current a rebuttal case. In the event that they do, there might be a number of further witnesses. In the event that they don’t, it will likely be time to finalize the jury directions and conduct closing arguments.
As to Bernheim, the NFL used him to color a parade of horribles relating to the potential implosion of the NFL’s present TV mannequin, which entails the league not the groups promoting broadcast rights to networks. Though the present case focuses solely on the best way the NFL costs the out-of-market bundle, the league is making an attempt to push the concept your entire operation will crumble if the groups are required to promote their very own rights.
Mainly, the favored groups would make much more cash, the less-popular groups wouldn’t make practically as a lot, the wage cap may implode, and soccer may diminish as a result of the aggressive steadiness could be thrown out of whack.
These shouldn’t be issues for the present case, which doesn’t sweep fairly so broadly. With out being within the courtroom, it’s exhausting to know why the plaintiffs’ attorneys weren’t objecting to any and all questions and testimony geared toward making the jury assume this pretty slim problem may very well be the primary domino within the collapse of the league. Clearly, that’s the impression the league is making an attempt to create.
So right here’s the place the case stands. (On Thursday, Joe Reedy of the Related Press posted a strong abstract of how the case acquired to the place it’s.) Bernheim will end his testimony on Monday. The plaintiffs will or gained’t name rebuttal witnesses. The NFL will argue (with out the jury current) that the decide ought to grant judgment as a matter of regulation for the league. The decide, as practically all judges do at that time in a trial, will let the jury type it out. The jury will do this, after directions and shutting arguments.
Then, the decision will come. And if the plaintiffs win something, it will likely be tripled underneath the antitrust legal guidelines.
Keep in mind this. If the NFL loses, the decide may nonetheless enter judgment however the decision for the league. That’s an actual risk, given his feedback from Tuesday. (It’s additionally attainable that he was merely venting his frustrations, performing for the media, and/or making an attempt to get the plaintiffs to maneuver the case alongside.)
If the decide upholds the decision, the NFL will attraction to the U.S. Courtroom of Appeals for the Ninth Circuit. If the NFL loses within the appellate court docket, it undoubtedly will take the case to the U.S. Supreme Courtroom. Earlier than the Supreme Courtroom can rule on the case, it first has to resolve whether or not to just accept it.
Per the U.S. authorities, the Supreme Courtroom accepts 100 to 150 of greater than 7,000 instances it’s requested to evaluation annually. So at the least 4 of the 9 justices should conform to take the case, earlier than at the least 5 of them can rule within the NFL’s favor.
Given the present composition of the business-friendly Supreme Courtroom, that’s hardly an extended shot. If nothing else, it would give Justice Clarence Thomas a possibility to earn the Tremendous Bowl ring he as soon as acquired from Cowboys proprietor Jerry Jones.
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