I dont think the jury disregarded the judge or made-up numbers.
They used legit math based upon the overcharge portion times the number of homes.
They did not follow the model of either expert however coming in between the 2 numbers.
NFL appears likely to win verdict turnover as judge agrees jurors fumbled $4.7 billion award
By Edvard Pettersson | Courthouse News Service
July 31, 2024
<excerpt>
"There's no doubt about what they did," [U.S. District Judge Philip] Gutierrez said. "They didn't follow the instructions."
<excerpt/the NFL's position>
Brian Stekloff, an attorney for the NFL, argued that the case should be closed without a retrial because the plaintiffs' damages experts failed to provide an adequate model for jurors to decide the actual damages Sunday Ticket subscribers sustained.
"You can't take unreliable methodologies that don't fit the facts and let the jury decide what is reasonable," Stekloff said.
<excerpt/the judge's question and NFL attorney's reply>
The judge agreed while in most cases it isn't appropriate to speculate about how the jury arrives at a damages award, in this case there was no question about how they came up with the amount.
"Is it rational to say the damages are the discounts?" Gutierrez asked Mark Seltzer, an attorney representing the subscribers. "It's not even a discount that applies to this case. That's even more irrational."
Read more
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The NFL's legal counsel will argue any compensation model is incorrect. The jury agreed with the NFL's argument, which is why they came up with their own model--which is not supported by evidence. It is extremely unlikely any judge will agree to a settlement amounting to made up figures having zero connection to information argued during a case.
In my opinion, the judge has two decisions. He can either dismiss the case since the jury disregarded the evidence provided during the trial--which is a scenario the NFL wants. Or. He can ask the jury to reconsider determining damages according to one or more of the models submitted into evidence during the trial--which the NFL does not want but will hope for the jury's utilization of the least impactful model. Their strategy would then turn towards whittling the verdict amount upon appeal.
I am eager to see what the Judge Gutierrez ultimately does. Even if he dismisses the case, I do not believe he will close it without giving the plaintiffs any avenue for legal relief by agreeing there would be no re-trial.
