US appeals court restores NFL Sunday Ticket liability verdict

The US Court of Appeals for the Ninth Circuit restored a jury’s finding that the National Football League (NFL) overcharged Sunday Ticket subscribers in violation of competition law on 30 October 2026, and ordered a new damages trial, The Hollywood Reporter said in its account of the ruling.

Consumers won a jury verdict in 2024, but US District Judge Philip Gutierrez later threw it out at the NFL’s request after deciding that some expert testimony should have been excluded.

The broadcast arrangements subscribers challenged

Sunday Ticket carries NFL regular-season games unavailable on a viewer’s local television stations, known as out-of-market games. DirecTV exclusively distributed the package in the United States from 1994 through the end of the 2022 NFL season.

The subscribers’ case alleged that the NFL and its 32 teams conspired in violation of antitrust laws—laws that protect competition—to enable exclusive deals with broadcast partners for those game rights.

Why the appeals court admitted Rascher’s testimony

Expert Daniel Rascher used college football to model how broadcasts might work without the challenged restrictions. He testified that, without the NFL’s exclusive arrangements, individual teams and conferences could sell out-of-market rights separately, as colleges do. Gutierrez found his work too speculative.

The appeals court said Gutierrez exceeded the judge’s role in deciding which expert evidence a jury may hear. An opinion is not unfounded or unreliable merely because it can be challenged; jurors must decide how much weight to give it.

Rascher’s testimony was admissible. Jurors should decide whether college and professional football broadcasts are sufficiently similar and how out-of-market NFL games would have been available without the challenged conduct.

Compensation must be decided again

The original $4.7 billion damages award remains overturned because the jury did not properly consider the evidence when determining compensation, the appeals court ruled.

The NFL defended its distribution strategy as the most fan-friendly model in sports and entertainment. It cited free over-the-air broadcasts in participating teams’ markets, national coverage of popular games and additional subscription choices.

The league said it was considering its options for further appellate review. The case returns to district court for a new trial to decide damages.