The Daily Briefing Friday, August 2, 2024
THE DAILY BRIEFING
The first game of the season is not really in the books – it was called off by summer weather in the third period. Here’s a report on the new kickoff rule’s debut from Courtney Cronin of ESPN.com:
The first two kickoff returns under the NFL’s new rules looked a lot like kickoffs of the past during the Chicago Bears’ 21-17 weather-shortened win over the Houston Texans in Thursday’s Hall of Fame Game.
Texans wide receiver Steven Sims took the opening kickoff 21 yards before he was tackled at the 26-yard line, which is a yard beyond where offenses begin their drives after a touchback.
After Houston took a 7-0 lead, Texans kicker Ka’imi Fairbairn sent a kickoff to Bears wide receiver Tyler Scott, who generated an identical 21-yard return.
“You grew up your whole life just catching it, having different levels and things of that nature; and now, everyone is kind of stacked,” Scott said. “If a kick is kind of short, guys are right up on you. You’ve got to make one cut and go. I think there’s benefits to that, because if one guy misses, then you’re good. But at the same time, if you make the wrong cut, somebody is right there.
“So far, I feel like it kind of protects guys a little bit more. Guys aren’t getting a full head of steam coming down the field, taking shots on people. But I think for the most part, it’ll work out pretty good. Just think we’ll have a lot of explosive plays.”
The NFL overhauled its old kickoff rules this offseason in hopes of promoting more returns. Of the eight kickoffs that took place Thursday, only one resulted in a touchback. That happened 73% of the time last season, which was the highest touchback rate since 1970.
“You have to figure it out, like, ‘Hey, what is it going to look like?'” Bears coach Matt Eberflus said. “So, certainly, we’ve tried different things on the return team and different ways to attack on the cover team and putting different bodies in different spots. So, we’re really just trying to figure it out, and I think that’s where all coaches are. We’re just trying to figure it out and do the best thing we can. And that’s going to be ongoing through the whole season.
“You’ll have to adjust. That’s the way the NFL is.”
Despite the additional returns, the lack of big plays from each team’s kickoff units was met with some criticism. The furthest return was made by Bears rookie wide receiver John Jackson III to the 31-yard line.
Former Bears return specialist Devin Hester, who will be enshrined into the Pro Football Hall of Fame on Saturday, was skeptical of the returns that took place Thursday night.
“I’m watching it, man, and I’m surprised that we’re not seeing more big runs,” Hester said on ESPN’s broadcast. “You know, that’s shocking. But hey, it’s the first game. So, I figure a lot of coaches are going to evaluate this game and try to figure out what they can do to get some more big plays. But right now, it’s kind of shaky …
“But who knows? The first game. We’ll see.”
Thursday’s game was officially canceled after severe weather stopped play for more than 35 minutes late into the third quarter. |
NFC NORTH |
DETROIT An already formidable Lions offense could further improve if WR JAMESON WILLIAMS puts it all together in his third season (the first was shortened by a college injury, the second by a silly gambling suspension). Josh Alper of ProFootballTalk.com: One of the themes of the Lions offseason has been hype about what wide receiver Jameson Williams will be able to do in his third NFL season and offensive coordinator Ben Johnson threw some more fuel on that fire this week.
Williams was coming off a knee injury as a rookie and he served a gambling suspension to open the 2023 season, but he has no obstacles in his way this offseason. That’s led to rave reviews about how he’s looked in practice and Johnson contributed to that file by saying that the Lions “haven’t seen anything that he can’t do” on the field.
“We started feeling it towards the end of last year and he’s taken that to another level in the springtime and so far here in training camp,” Johnson said, via the team’s website. “He prides himself on bringing some juice to the offense and we certainly feel it out there both in the passing game, making explosive plays, but he also wants to be a dynamic blocker as well, which we really value.”
Johnson guided the Lions offense to the fifth-most points in the league with limited contributions from Williams last year. If he breaks out, the ceiling in Detroit will be sky high. |
NFC WEST |
SAN FRANCISCO What to make of a flurry of QB BROCK PURDY INTs in 49ers practice? Mike Florio: Nine years ago, some were breathlessly reporting on the absence of training-camp interceptions by then-rookie quarterback Marcus Mariota. It was stupid.
Interceptions should happen during camp. As then-Packers quarterback Aaron Rodgers explained it at the time, that’s when he tests the limits of his ability to trust his receivers to get the ball.
49ers quarterback Brock Purdy recently offered a similar explanation when addressing a recent rash of camp picks.
“[R]ight now is the time for us to go out and—you always hear the quarterback say experiment—but that’s really what it is,” Purdy said on KNBR. “Can I fit it in this window on this hitch? Can I look off Fred [Warner] or [Demetrius Flannigan-Fowles] or [De’Vondre Campbell] in a certain way and then make that throw backside? You’ve got to try it out. . . . [T]here’s a time and a place where I’m like, ‘Hey, you know what? This is practice, and I’m going to drop back and try this out.’ And then you figure out [whether] it could be a part of your game or not for the season.”
It’s trial and error. But he’s making a lot of errors when he’s trying something different. That’s the real concern; these experiments are blowing up in his face.
Chris Simms, in a Thursday visit to #PFTPM, agreed with the notion that, while there’s a reason in training camp to take chances, seven interceptions in the first two padded practices of training camp are just too damn many.
The performances could temper Purdy’s stated goal to be dominant this year. He’s like the golfer who has been generating solid scores by laying up and who shows up one day and decides he’s going to play Tiger Woods in his prime. And then, on the first two holes, he sprays every big swing into the water and the woods.
That doesn’t mean Purdy can’t be dominant. It does mean that, as there is for nearly every other human being on the planets, there are limits to his abilities. This week, he’s begun to figure out what they are.
It won’t keep him from being a damn good quarterback when it’s time to play the games that count. It could keep him from being dominant. |
SEATTLE QB GENO SMITH has been out of practice, but word is his injury is nothing serious. Myles Simmons of ProFootballTalk.com: The Seahawks can collectively breathe a side of relief when it comes to their quarterback.
While Geno Smith has been out of practice for the last couple of days, he should be OK moving forward. Per ESPN’s Adam Schefter, testing on Smith’s knee and hip didn’t reveal anything significant and the quarterback should not miss any time.
Seattle head coach Mike Macdonald said on Thursday that Smith has been “working through a couple of things from the other day.”
While Macdonald wasn’t sure at that time if Smith would be able to return for Friday’s practice, the new reporting makes it seem like Smith is fairly close to doing so.
Smith, 33, has been a Pro Bowler in each of the last two seasons for Seattle. In 2023, he threw for 3,624 yards with 20 touchdowns and nine interceptions while completing 65 percent of his passes.
The Seahawks also have Sam Howell and P.J. Walker on their roster at quarterback. |
AFC WEST |
LOS ANGELES CHARGERS A foot injury is going to sideline QB JUSTIN HERBERT, but hopefully he will be back for the regular season opener. Kris Rhim of ESPN.com: Los Angeles Chargers quarterback Justin Herbert was diagnosed with a plantar fascia injury in his right foot after Wednesday’s practice that will put him in a walking boot for two weeks, the team announced Thursday.
After the time in the boot, Herbert will be on a “gradual return to play protocol” and is expected to be ready for Week 1, the team said.
Following Thursday’s practice, coach Jim Harbaugh said he had “no update” on Herbert’s status, referring to the team’s statement. When asked if he was concerned about his quarterback missing time on a team implementing essentially a new offense, Harbaugh said it’s still “full steam ahead.”
“The preparation, the work continues,” he said. “He’s not on the field, in practice, but in the meeting room, still in the training environment, that chemistry that rapport you build with those position players, with his teammates, that continues.”
Herbert moved without any limitation through the first week of camp. On Wednesday, he sprinted into the end zone for a score in an 11-on-11 period and celebrated with teammates, which made news of his injury all the more surprising.
When asked if he knew if Herbert was injured on a play or if he had been dealing with foot pain prior to Wednesday, Harbaugh said he was “not qualified” to know that information.
Herbert has been one of the most durable quarterbacks in the NFL through his first four seasons. He started 62 consecutive games, the second-longest active streak by a quarterback, before a fracture to his right index finger in Week 14 last year ended his season. Herbert’s backup, Easton Stick, went winless in the Chargers’ final four games.
Stick, Max Duggan and Casey Bauman are the other quarterbacks on the Chargers’ roster. At Thursday’s practice, the group struggled. The defense dominated the day, and Duggan ended the practice with a pick-six to rookie cornerback Tarheeb Still.
“It was a very good day for the defense, and as I told them, I was very impressed with the defense,” Harbaugh said. “And the offense, yeah, just keep chipping away.” |
AFC NORTH |
CLEVELAND A new stadium or a renovated one? The City of Cleveland is offering help with the latter, as Browns ownership ponders a new palace in Brook Park – an enclave west of town near the airport. Dave DeNatale of WKCY.com:
As Cleveland Browns owners Jimmy and Dee Haslam continue to investigate their options for a future stadium, the city has released a comprehensive financing plan to renovate the existing facility on the lakefront.
In what the city calls “a competitive deal to retain the Cleveland Browns at their current stadium site,” Mayor Justin Bibb has put forth a $461 million proposal to the Haslams that includes a 30-year lease arrangement.
“We are implementing a bold vision for lakefront development, and the Browns have been an essential fixture on our lakefront for decades. But our first priority is always our residents,” Bibb said in a statement. “Having the Browns play here is integral to our city’s identity and community spirit. This initiative must go beyond the Browns and be about what’s best for downtown, the neighborhoods, the suburbs, and the region.”
Here are the terms of the city of Cleveland’s proposal:
$367 million ($227 million from increases in admission tax revenues, $120 million from Cuyahoga County sin tax revenues, and $20 million in existing stadium capital reserves) over the 30-year lease term, with a five-year renewal option.
The city will turn the Willard Garage and the Muni Lot over to the Browns for their exclusive use on game days and event days. Parking revenues are expected to generate $94 million for capital repairs and improvements.
Under the current lease, the city covers $1.3 million in annual property taxes and insurance, while the Browns pay $250,000 in rent. Under the proposed new lease, rent will be waived for the Browns, but they will assume responsibility for the insurance and tax payments. This adjustment aligns with the lease agreements held by the Guardians and Cavs, making it consistent across sports franchises in Cleveland.
Bibb says the $461 million investment by the city would not impact its services and does not include “pending County and State commitment.”
3News spoke with city of Cleveland Chief of Staff Bradford Davy about the proposal. He says it’s just a first step in the process.
“It was important for us to make sure that they (the Browns) knew we wanted to keep them here, and we hope they’ll consider our proposal,” Davy said, adding that the conversations with the Haslam Sports Group have been “direct and forthright and we intend to keep that relationship positive.”
With the lease on Cleveland Browns Stadium set to expire in 2028, the Haslams announced earlier this year that they are down to two options when it comes to their future stadium site: a $1 billion dollar renovation to the existing downtown stadium, or a domed stadium outside of the city at double the cost.
The Haslams said they have an option to purchase 176 acres of land in Brook Park near Cleveland Hopkins International Airport. Brook Park City Council has already given its support to a proposed domed stadium, believing the land, once the property of Ford, can also become a “mixed-use entertainment district, potentially attracting visitors from across the region and the nation.”
Last weekend, the Haslams gave an update on the progress of the stadium discussions during Browns training camp in West Virginia.
“This is a big project,” Jimmy Haslam told reporters. “No matter which direction we go, it’s complicated. Any time you have a public-private partnership, it’s not easy. We’re continuing to work through the process.”
Dee Haslam added that the couple had recently had dinner with Bibb and described their relationship with the mayor as “really good.”
“We hope sooner rather than later we’ll have a solution. But I can assure you, we were on the phone for an hour this morning talking about various things that have to be solved and one solution or the other. We’ll continue to do so until we get to what we think is the right answer. The right answer is what is best for our fans. These are long, long-term decisions,” Jimmy Haslam stated.
In a letter to the Haslams, Bibb said his administration has “worked earnestly” with the Browns owners to “support their vision for a world-class home.” He requested that the Haslams provide a response to the city’s proposal by August 12.
“The Browns’ presence at its current site is crucial to many downtown businesses and jobs,” Bibb wrote in the letter. “The Browns leaving Cleveland would be detrimental to businesses within Cleveland and throughout Cuyahoga County, and the magnitude of the project would cost taxpayers hundreds of millions of dollars more when our region has so many other critical needs. A strong Cleveland is a strong Northeast Ohio.”
Hours after the city of Cleveland released its funding plan for a renovated stadium, the Haslam Sports Group’s chief operating officer, Dave Jenkins, issued the below statement:
“We appreciate the latest proposal from Mayor Bibb and his administration and will be following up with the City of Cleveland to better understand the details while we are still reviewing it. As we have said consistently throughout this process, we continue to communicate and collaborate with the cities of Cleveland and Brook Park, Cuyahoga County, and the State of Ohio on a long-term stadium solution that creates a world-class experience for our fans and positively impacts Northeast Ohio. We are working diligently to comprehensively examine all options to identify the best path for not only our fans, but also Greater Cleveland and Northeast Ohio. Our region deserves to be thought of as evolving, forward-thinking, and innovative, so we need to think boldly and creatively in this process. It’s important to reiterate that the goal is to come up with the best experience we can for our fans while creating a long-term, sustainable stadium solution that drives an impact that benefits Cleveland, the Northeast Ohio region, and the entire State of Ohio. We will continue to provide updates as we have more information to share.”
Who is this Mayor Justin Bibb? He won election as mayor in 2021 and is now just 37 years old (and looks younger). Born and raised in the Mt. Pleasant neighborhood of Cleveland, his father was a policeman and a fire fighter. His schooling includes the London School of Economics and a law degree from Case Western Reserve. Seems pretty impressive. |
AFC EAST |
NEW ENGLAND The early reports on QB DRAKE MAYE, the 3rd overall picks, are less than glowing. Sean Savage of the New York Post: Drake Maye has strung together some rather forgettable padded practices at the Patriots training camp while worries continue to grow.
The Patriots are hoping the No. 3 overall pick in the 2024 draft will be their QB of the future, but thus far, Maye has compiled a rather ugly résumé at training camp.
During Tuesday’s practice, the rookie went 1-for-6 in a two-minute red zone drill with an incomplete corner fade to Javon Baker in the end zone causing the entire offense to do push-ups.
His performance has not inspired much hope in those around the team, who are looking for improvement after New England moved on from its last hope at a cornerstone passer in trading Mac Jones to the Jaguars this offseason.
“I’m the last person in the world who wanted to see what I saw, I wanted to lie to myself today,” sports commentator Michael Holley said Monday on NBC Sports Boston. “I watched Drake Maye in college, I loved him in college you guys know that. He was a tremendous college player. At times in North Carolina people compared him to Justin Herbert, I said ‘I can see that.’ People compared him to Josh Allen. I can see that at North Carolina.”
“Today, in Foxborough, you know who I saw? The ghost of Mac Jones. I saw the ghost of Mac Jones. Not just Mac Jones facing off against Tom Brady as a rookie, we are talking about Mac Jones in Dallas in that awful game that awful beatdown they took at Dallas last year. He was terrible, he was terrible in every sense of the word. He couldn’t get anything right.”
Unfortunately, the toss to Baker wasn’t the only time eyebrows were raised at Maye’s underwhelming performance.
On another play, tight end Mitchell Wilcox was sandwiched between two defenders because of Maye’s hospital ball. One more lowlight was his rollout throw intended for an outstretched Ja’Lynn Polk.
Multiple reports claim Maye has been folding under the Patriots’ defensive pressure.
During the same drill, the defense – ranked No. 7 last season – returned a Kevin Harris fumble for a touchdown, and the disarray led to the Patriots lining up incorrectly.
The play was halted, and Maye’s crew had to restart.
Reports state that it’s hard to identify Joe Milton III – the sixth-round flier – from Maye, the third pick in the 2024 NFL Draft, heightening fans’ and pundits’ apprehensions.
Milton converted consecutive touchdowns to Polk off a drag and another to Smith-Schuster in the few reps he was allotted.
Meanwhile, Maye was the lone quarterback who didn’t secure a touchdown pass in Tuesday’s drill.
He ended the day 8-for-15, which featured a 5-for-11 stretch during the teams’ 11-on-11.
Maye was coming off a cold spell on Monday when he was 3-for-11 during competitive periods.
Thankfully, two padded practices are a small sample size, and Maye has some time to turn it around before the Patriots’ regular season ensues on Sept. 8 in a clash with the Cincinnati Bengals. There is a rookie QB who is wowing the assembled media in Pats camp, it’s just not Maye. Michael Brauner of Athlon Sports: The New England Patriots are a franchise going through some growing pains as they get ready to begin a 2024 campaign that in all likelihood will be a rebuilding year.
With those growing pains come the ongoing development of a rookie quarterback. Drake Maye was seen as a raw prospect who would need time to develop as he entered the league, but that hasn’t stopped some local media from going after him anyway.
Ben Volin of the Boston Globe wrote that from what he has seen so far, sixth-round fellow rookie Joe Milton has outperformed Maye thus far early in camp.
“I wrote after last Thursday’s practice that Milton is the ‘wow’ quarterback at camp — the guy with the best size, best athleticism, and biggest arm,” Volin wrote. “Now I’ll take it a step further: Milton outplayed Maye over the first six practices of camp. You can’t tell which player is the No. 3 overall pick (Maye) and which is the sixth-round flier (Milton).”
Volin’s colleague, Christopher Price, shared a similar sentiment regarding Milton and wrote about how good of a day he had.
“The rookie out of Tennessee went 3 for 5 in his 11-on-11 reps, a stretch that was highlighted by red zone touchdown passes to [Ja’Lynn] Polk and JuJu Smith-Schuster that set off celebrations,” he wrote. “Milton still has issues with consistency in the short and intermediate game, but by and large, he has surpassed many expectations to this point.”
While hearing that Milton has performed well after the team took a flier on him is encouraging, it’s no reason to panic around the performance of Maye. Teams don’t usually draft two QBs in the same draft. Threads at Reddit unofficially find five other times in the last 30 years Pittsburgh – 2022, Kenny Pickett in the 1st, Chris Oladokun in the 7th, Green Bay – 2008, Brian Brohm in 2nd round, Matt Flynn in 7th San Francisco – 2000, Giovanni Carmazzi in 3rd round, Tim Rattay in the 7th (we note that Tom Brady, a Bay Area local, was drafted in the 6th) Washington – 1994, Heath Shuler 1st round, Gus Frerotte 7th And the big one – Washington – 2012, Robert Griffin III 1st round, Kirk Cousins 4th |
THIS AND THAT |
SUNDAY TICKET VERDICT NIXED As the days passed, Judge Phillip Guitierrez felt more and more uneasy about his jury’s $4.7 billion verdict against the NFL as damages for the league’s Sunday Ticket policies (which no one but the plaintiffs really seemed that incensed about). On Thursday, he threw out that verdict and awarded the NFL a massive legal victory. John Breech of CBSSports.com: The NFL scored a huge victory in court on Thursday when U.S. District Judge Philip Gutierrez decided to overturn the $4.7 billion verdict against the league that was handed out back in June.
During a hearing on Wednesday in Los Angeles, the league asked the court to throw out the verdict, and after thinking things over for 24 hours, Gutierrez granted the league’s wishes. The main reason Gutierrez decided to overturn the verdict is because he didn’t feel like the jury properly followed the instructions it was given by the court when it calculated the amount of damages that the NFL was going to owe in the case.
Over the course of the three-week trial, the jury had been presented three financial models that it could use to help calculate possible damages. At the end of the trial, Gutierrez had emphasized to the eight-person jury that they better not go rogue when trying to calculate a dollar amount for the verdict. “Damages may not be based on guesswork or speculation,” Gutierrez said on June 26, via the AP. “Plaintiffs must prove the reasonableness of each of the assumptions upon which the damages calculation is based.”
During the hearing on Wednesday, the NFL pointed out that the jury disregarded the judge’s warning and Gutierrez agreed.
“There’s no doubt about what they did,” Gutierrez said, via Courthouse News. “They didn’t follow the instructions.”
In his judgement that came out on Thursday, Gutierrez also pointed out that the models used to assess damages against the NFL didn’t really make any sense.
“The court agrees that Dr. Rascher’s and Dr. Zona’s testimonies based on their flawed methodologies should be excluded,” Gutierrez wrote. “And because there was no other support for the class-wide injury and damages elements of the plaintiffs’ claims, judgement as a matter of claw for the defendants is appropriate.”
The jury actually came up with its own formula for awarding damages — much to the chagrin of Gutierrez — which is how it landed on the $4.7 billion number, an amount that would have been as much as $14.1 billion since damages can be tripled in federal antitrust cases.
The jury ruled against the NFL because it believed the league worked together with its network partners to inflate the price of “Sunday Ticket.” The NFL was clearly thrilled when Gutierrez’s decision came in.
“We are grateful for today’s ruling in the Sunday Ticket class-action lawsuit,” the league said in a statement. “We believe the NFL’s media distribution model provides our fans with an array of options to follow the game they love, including local broadcast of every single game on free over-the-air television. We thank Judge Gutierrez for his time and attention to this case and look forward to an exciting 2024 NFL season.” Lawyer Michael McCann at Sportico tries to provide clarity: Sometimes instant replay can change the outcome of an NFL game.
Sometimes the judicial equivalent can wipe out a potential $14.1 billion victory for plaintiffs.
The latter happened late Thursday when U.S. District Judge Philip S. Gutierrez granted the NFL a judgment as a matter of law in the In Re: NFL’s “Sunday Ticket” Antitrust Litigation. Such judgments are difficult to obtain, because it means the judge concludes—as Gutierrez bluntly wrote in his 16-page order—”no reasonable jury could have found class-wide injury or damages.”
The ruling is a total victory for the NFL, which lost a jury trial last month in Los Angeles. The jury found in favor of a class action representing more than 2.4 million residential subscribers and more than 48,000 restaurants, bars and other commercial establishments that purchased Sunday Ticket anytime between 2011 to 2023. Jurors concluded the NFL violated antitrust law through its 32 teams pooling broadcasting rights for out-of-town fans and, supposedly, exploiting that pooling to charge higher prices. The jury awarded $4.6 billion and $97 million to the residential subscribers and commercial establishments, respectively.
In a hearing Wednesday, the NFL maintained the jury misunderstood how antitrust law works and fumbled a calculation for damages by confusing an overcharge with a discount.
In his ruling, Gutierrez determined that the jury was misled by expert testimony offered by the plaintiffs. The testimony used “flawed methodologies” that led the jury to mistakenly find “class-wide injury and damages.”
The judge added there is “no other support” for those findings except for expert testimony that should have been excluded.
More specifically, Gutierrez said one expert hypothesized what would happen if NFL teams adopted a college football model, which does not utilize pooling for out-of-market games. The expert surmised the games would “become available, just like on Saturday, on over-the-air channels and . . . basic sport cable channels,” and customers would not “pay anything extra above what they were already paying for their TV package.”
The NFL maintained this testimony should have been deemed inadmissible, since it is “devoid of economic reasoning” and “contrary” to “basic economics” principles. The NFL has ridiculed the plaintiffs’ antitrust theory, in part because the league’s broadcasting model does what other pro leagues and their teams, which require their local fans pay to watch games on RSNs via cable or satellite, don’t do: allow local fans of NFL teams to watch their games freely and over-the-air.
Gutierrez, who admitted the expert testimony during the trial, now finds the testimony should have been inadmissible, since the expert didn’t explain “how these out-of-market telecasts would have been available for free to cable and satellite customers.”
The judge said the expert reasoned the NFL would figure out how to make arrangements work without the Sunday Ticket but concluded that imprecise analysis was not sufficient for purposes of expert testimony.
The plaintiffs can forcefully question why the decision of a jury, which over a three-week trial where they heard from 27 witnesses and saw 82 admitted exhibits, should be reversed. The plaintiffs hoped that Gutierrez would, as authorized under federal antitrust law, treble the $4.7 billion damages to $14.1 billion. Even if the judge had reduced the damages from $4.7 billion to a smaller number, the plaintiffs would have still “won.”
Instead, Gutierrez wiped out the victory completely. The plaintiffs can appeal to the U.S. Court of Appeals for the Ninth Circuit.
For the NFL and its attorneys, the victory is massive. Not only will they not pay billions of dollars in damages, but they won’t have to change their Sunday Ticket arrangement, by letting consumers buy smaller and cheaper packages, or by allowing them to pay less than $349/year (the price of the Sunday Ticket, which gives access to all games) for access to games in one conference or division. Gutierrez’s ruling means the Sunday Ticket as designed by the NFL is legal under antitrust law.
“We are grateful for today’s ruling in the Sunday Ticket class action lawsuit,” the NFL stated Thursday evening. “We believe that the NFL’s media distribution model provides our fans with an array of options to follow the game they love, including local broadcasts of every single game on free over-the-air television. We thank Judge Gutierrez for his time and attention to this case and look forward to an exciting 2024 NFL season.” Upon further inspection, Florio realizes that Judge Gutierrez didn’t just reverse the verdict and remand for a new trial with a well-behaved jury – he threw out the whole case sending the plaintiff’s back to square one. The Sunday Ticket plaintiffs won’t be getting a mulligan on damages, at least not for now. Thursday’s order from Judge Philip Gutierrez ends the case, subject to appeals.
In the 16-page ruling, Judge Gutierrez explains that the plaintiffs’ economic experts failed to provide sufficiently reliable testimony on the world that would have existed but for the NFL’s antitrust violation. (We’ll have plenty more to say about the judge’s rejection of the expert testimony. Without any suitable evidence of economic harm to the class, there was no proven economic harm to the class.
Despite his hostility to the plaintiffs’ case on damages, Judge Gutierrez had no qualms with the jury’s finding that an antitrust violation occurred.
From the order: “Despite finding Dr. Rascher’s and Dr. Zona’s opinions unreliable, the Court does not find that it would be unreasonable for a juror to find that there was a conspiracy that unreasonably restrained trade. . . . There was evidence in the record—even without the testimonies of Dr. Rascher and Dr. Zona—to support a reasonable jury’s finding of an unreasonable restraint of trade at each step of the rule of reason. . . . Given a reasonable jury could find that there were anticompetitive effects, that Defendants’ procompetitive justifications were pretextual or unrelated to the restraints, and/or that there were less-restrictive alternatives based on the record, judgment as a matter of law is inappropriate on these grounds.”
In other words, the judge upheld the finding that Sunday Ticket, as constructed, violates federal antitrust laws. So why not issue an order disbanding it?
For now, the reality is that Judge Gutierrez has blocked more than 2.4 million residential customers from receiving a partial refund for the money they paid for an out-of-market package that was deliberately overpriced in order to encourage people to not buy it, and to watch in-market games on CBS and Fox instead.
Again, we’ll have more to say about the judge’s rejection of the damages case. Either he’s wrong or the plaintiffs’ lawyers screwed up the case.
Either way, the consumers who paid too much for Sunday Ticket have lost.
And the NFL has won. |
NEXT HALL OF FAMER Who is the next Hall of Fame enshrinee for each franchise? Asked and answered by Dan Pompei and Mike Sando of ESPN.com. Surprisingly, they don’t have QB Tom Brady as the next Patriot (or QB Aaron Rodgers as the next Packer): With the Pro Football Hall of Fame Class of 2024 set to be enshrined on Saturday, let’s look ahead at who might be in Canton next.
For some teams, it’s easy to predict who the next inductee will be. With the Arizona Cardinals, it almost certainly will be wide receiver Larry Fitzgerald. Tight end Antonio Gates should be the next Charger. The next Indianapolis Colt inducted is likely to be wide receiver Reggie Wayne.
On other teams, it isn’t as clear who could be next.
Some teams, like the New York Jets and Detroit Lions, don’t have an obvious Hall of Fame candidate in the pipeline. With other teams, like the New York Giants (Eli Manning? Everson Walls? Carl Banks? Tiki Barber? Tom Coughlin?), Dallas Cowboys (Jason Witten? Darren Woodson?) and Jacksonville Jaguars (Fred Taylor? Jalen Ramsey? Calais Campbell? Coughlin?), the case could be made for more than one person.
Here are some possibilities, courtesy of Hall of Fame voters Dan Pompei (who wrote on all AFC teams) and Mike Sando (NFC).
Arizona Cardinals: Larry Fitzgerald, WR The 11-time Pro Bowl choice ranks second to Jerry Rice in all-time receiving yards. Fitzgerald, who becomes Hall-eligible in 2026, spent his full career with the Cardinals and was an elite playoff producer as well (942 yards in nine playoff games). His 64-yard touchdown catch in Super Bowl XLIII gave Arizona the lead over Pittsburgh with 2:37 remaining.
Atlanta Falcons: Julio Jones, WR Jones’ elite production over an eight-year stretch makes him a strong candidate. He had six seasons with at least 1,300 yards, tied with Randy Moss and Torry Holt for second behind Rice. Like Fitzgerald, Jones stood 6-foot-3 and weighed nearly 220 pounds, making him a primary game-plan consideration for defenses.
Baltimore Ravens: Terrell Suggs, OLB He wasn’t as celebrated as defensive teammates Ray Lewis and Ed Reed, but Suggs clearly has a Hall of Fame resume. He ranks eighth in career sacks and was voted to seven Pro Bowls. He also was the NFL’s Defensive Rookie of the Year in 2003 and Defensive Player of the Year in 2011. Suggs will be Hall-eligible in 2025, along with former teammate and guard Marshal Yanda, who also should be a strong candidate.
Buffalo Bills: Jason Peters, OT He will be remembered mostly as an Eagle because Peters played 11 years in Philadelphia, including all of the 2010s, when he was voted all-decade. But he started in Buffalo and made two of his nine Pro Bowls as a Bill. Peters has not retired, so if the 42-year-old keeps playing and 35-year-old Von Miller retires first, Miller could beat him to Canton.
Carolina Panthers: Luke Kuechly, LB Kuechly’s credentials mirror those of the recently enshrined Patrick Willis. Both were seven-time Pro Bowl selections and five-time first-team All-Pro choices before retiring earlier than expected. Willis played in 112 games, compared with 118 for Kuechly. Receiver Steve Smith is another strong candidate for Carolina, but Kuechly, who becomes eligible for enshrinement in 2025, could beat him to Canton at a position where there’s less of a logjam.
Chicago Bears: Jay Hilgenberg, C Reggie White called Hilgenberg one of the five best offensive linemen he faced, along with Anthony Munoz, Jackie Slater, Ed White and Erik Williams. Hilgenberg was a seven-time Pro Bowl choice known for his quickness. It’s tough faulting him for missing the 1980s all-decade team cut when Dwight Stephenson and Mike Webster were the choices.
Cincinnati Bengals: Willie Anderson, OT He has been a Hall of Fame semifinalist for three straight years and was voted to the top 10 last year before missing the cut. A three-time first-team All-Pro, Anderson is widely considered the best right tackle of his generation. Quarterback Ken Anderson also has been close in recent years as a senior candidate.
Cleveland Browns: Myles Garrett, DE Even though Garrett is only 28 years old and has played just seven seasons, he looks like a shoo-in. It’s possible Joel Bitonio will jump him, but it’s difficult for guards to get into the Hall of Fame. Bitonio has an impressive resume, but there are several guards with similar resumes already in the queue, including Jahri Evans.
Dallas Cowboys: Darren Woodson, S Woodson played a leading role on the Jimmy Johnson-built Dallas defenses that won three Super Bowls in the 1990s. A finalist for the Hall in each of the past two seasons, Woodson has gotten further in the process than Jason Witten, who ranks second to Tony Gonzalez in receiving yards among tight ends. He had 23 interceptions, including 12 from 1994 to ’96, when he was named first-team All-Pro each season.
Denver Broncos: Mike Shanahan, coach Shanahan won back-to-back Super Bowls in Denver and took his teams to 10 championship games. With a remarkable coaching tree that continues to shape his legacy, Shanahan is one of the strongest contributor candidates. His offensive philosophy remains prevalent in the NFL, partly because his son Kyle has thrived using it.
Detroit Lions: Matthew Stafford, QB This is a tough one after the Hall of Fame selection committee rejected former Lions coach Buddy Parker as a contributor. If Stafford makes it, he’ll do so based on whatever team success he enjoys in his current job with the Rams. Ndamukong Suh and Darius Slay had excellent careers as Lions, but were they Hall of Famers? Detroit short-timers such as Adrian Peterson don’t count here.
Green Bay Packers: Mike Holmgren, coach Holmgren turned around the Packers and Seahawks, leading both to the Super Bowl while developing Pro Bowl quarterbacks and ranking among the elite play callers of his era. The Hall’s subcommittee for contributors has named Holmgren one of its 12 semifinalists in recent years. That puts Holmgren in strong position to reach Canton before Aaron Rodgers, who will have to wait five years after retiring.
Houston Texans: J.J. Watt, DL Watt might have been a Hall of Famer if he retired after five seasons. By that point, he had already won three NFL Defensive Player of the Year awards. He is likely to be voted in as soon as he is eligible, but when that will be is uncertain, as Watt has entertained the possibility of a comeback after one year of retirement.
Indianapolis Colts: Reggie Wayne, WR A finalist for the last five years, Wayne appears to be moving closer. He was caught in a wide receiver logjam with Andre Johnson and Torry Holt, but that was broken this year when Johnson was voted in. Wayne finished in the top five in NFL receiving yards four times, including in 2007, when he led the league.
Jacksonville Jaguars: Fred Taylor, RB Taylor was a Hall of Fame finalist for the first time this year. If he advances, it will be because he averaged 4.6 yards per carry. The only other running backs with a 4.6-yard average or better with at least 2,500 carries are Adrian Peterson and Barry Sanders. But Taylor was never a first-team All-Pro, and he appeared in only one Pro Bowl, as an alternate. Other Jaguars possibilities include Jalen Ramsey, Calais Campbell and coach Tom Coughlin.
Kansas City Chiefs: Albert Lewis, CB A compelling case was made for Lewis in 2023 when he was a first-time finalist. Now he’s a senior candidate, which could work in his favor. Tony Dungy, who coached Lewis, believes he is one of the top five cornerbacks of all time. If Lewis gets lost in the seniors pool, Travis Kelce (or perhaps Andy Reid, depending on how much longer he coaches) could be the next Chief inducted.
Las Vegas Raiders: Lester Hayes, CB He has come close repeatedly. Hayes was a four-time modern-era finalist and has been a senior candidate since 2012. With the help of Stickum, Hayes was at his most dominant in 1980, when he led the league with 13 interceptions and was voted NFL Defensive Player of the Year. He also was all-decade in the 1980s. Raiders guard Steve Wisniewski also merits consideration.
Los Angeles Chargers: Antonio Gates, TE Many were surprised when he was not voted in this year as a first-time eligible. It’s only a matter of time, as Gates scored more career touchdowns than any tight end and is the most prolific pass catcher in Chargers history, which is saying something. He was an all-decade player, a three-time first-team All-Pro and an eight-time Pro Bowler.
Los Angeles Rams: Torry Holt, WR Holt is a five-time finalist for the Hall whose chances improved when another receiver, Andre Johnson, earned enshrinement with the 2024 class. He and Reggie Wayne will likely become finalists again in 2025. Meanwhile, the five-year waiting period for enshrinement has begun for another Rams great, Aaron Donald.
Miami Dolphins: Richmond Webb, OT Webb deserves a share of the credit for Dan Marino’s success as a passer in the 1990s, but he hasn’t received it from Hall of Fame voters. Though he was voted to seven straight Pro Bowls, two first-team All-Pro teams and the all-decade team of the ’90s, Webb never has been a Hall of Fame semifinalist. He has three years of modern-era eligibility remaining.
Minnesota Vikings: Jared Allen, DE The former Vikings and Chiefs pass rusher is a four-time Hall finalist, indicating he’ll likely earn enshrinement eventually. Allen, whose 136 sacks rank 12th on the official list (since 1982) and 16th on the unofficial list (since 1960), might soon have competition from another Vikings great. Running back Adrian Peterson would become eligible in 2027 if he does not play again.
New England Patriots: Robert Kraft, owner Before Tom Brady, Rob Gronkowski and Bill Belichick are inducted, Kraft likely will be given a gold jacket for his contributions to New England and the NFL. He’s had strong support from the contributor committee in recent years. Adam Vinatieri might get in before Kraft. He is eligible for the first time next year. It’s also possible Rodney Harrison will jump Brady, Gronkowski, Belichick and Vinatieri as he was a finalist for the first time last year.
New Orleans Saints: Drew Brees, QB Brees is such a lock for Canton upon becoming eligible in 2026 that he’s a safer bet than 2024 finalist Jahri Evans to be the next Saint enshrined. Brees trails only Tom Brady in passing yards and passing touchdowns. Evans was a top guard during his era, but his candidacy needs to gain momentum for him to beat Brees to Canton.
New York Giants: Eli Manning, QB Tom Coughlin’s candidacy in the contributor category remains very much alive, but Manning will move front and center once he becomes eligible in 2025. The quarterback’s longevity, prominence and performance during two Super Bowl-winning playoff runs make him a fascinating candidate. Manning was arguably never a top-five quarterback, but those Lombardi Trophies could make the difference.
New York Jets: Aaron Rodgers, QB He won’t make the Hall of Fame for the four snaps he’s played as a Jet, but he will for the 230 games he played for the Packers, and maybe for the snaps he has yet to play for the Jets. After Winston Hill, Joe Klecko, Curtis Martin, Kevin Mawae and Darrelle Revis were inducted recently, Jets players have not had much Hall of Fame traction. Mark Gastineau and Nick Mangold are possibilities.
Philadelphia Eagles: Jason Kelce, C Kelce’s recent retirement makes him Hall-eligible for 2029, which leaves a wide berth for Eric Allen, Brian Westbrook or another Eagles great to make a push. Kelce was a six-time first-team All-Pro over his final seven seasons and is on a very short list of all-time NFL centers from a movement/athleticism standpoint. Fletcher Cox, who also just retired, and Jason Peters (mentioned above in the Bills section) are also worthy candidates, but Kelce seems like the surest bet to get in first.
Pittsburgh Steelers: Ben Roethlisberger, QB He was overshadowed in his era by Brady and Peyton Manning, but Roethlisberger won two Super Bowls and led the league in passing twice. He will be Hall-eligible in 2027 and will probably become a Hall of Famer not long after. The dark horse in this race is Hines Ward, an unconventional but worthy candidate.
San Francisco 49ers: Frank Gore, RB Gore becomes eligible in 2026 and will have a case with 16,000 yards in 16 seasons. Only Emmitt Smith and Walter Payton have rushed for more yards in NFL history. Another former 49ers rusher, Roger Craig, was a Hall finalist in 2010 and 2020, but he hasn’t advanced that far again.
Seattle Seahawks: Richard Sherman, CB With Holmgren listed in the Packers’ slot, Sherman becomes a logical next choice for the Seahawks. The five-time Pro Bowl cornerback was the voice and face of Seattle’s famed Legion of Boom secondary, which helped the Seahawks become the first team since the 1950s Cleveland Browns to lead the league in fewest points allowed for four successive seasons. Coach Pete Carroll also seems like a strong candidate, but Sherman will likely get in first.
Tampa Bay Buccaneers: Tom Brady, QB With Buccaneers mainstay Mike Evans still going strong, we do not yet know when he’ll become eligible for enshrinement. Brady (like Rob Gronkowski) was primarily a Patriot, but the role he played in helping Tampa Bay win a Super Bowl legitimizes his classification here.
Tennessee Titans: Derrick Henry, RB A two-time NFL rushing leader and one-time NFL Offensive Player of the Year, Henry is regarded by many as the best running back of his time. He’s still building his resume, and expectations are high for the 30-year-old as he begins a new chapter of his career after signing with the Ravens as a free agent.
Washington Commanders: Trent Williams, OT Williams is entering his fifth season with the 49ers after nine with Washington, with no indication he’s slowing at age 36. In fact, Williams only seems to have gotten better. His streak of 10 successive Pro Bowl seasons (in seasons in which he’s played — he missed 2019 because of a contract dispute) includes first-team All-Pro selections in 2021, 2022 and 2023, the first such selections of his career. Joe Jacoby is another former Washington tackle to watch. A three-time Hall finalist for his work on the Joe Gibbs-era “Hogs” offensive line, Jacoby could reappear as a seniors candidate. |