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The California federal trial in a multibillion-dollar antitrust suit against the NFL by Sunday Ticket subscribers kicked off Wednesday with the seating of eight jurors and two alternates, after some potential jurors were eliminated for expressing strong views on former NFL quarterback Colin Kaepernick, player concussions, and the league's significant wealth. The long-running case was brought by a class of NFL fans who purchased the NFL Sunday Ticket package through DirecTV, and another class of businesses such as bars and restaurants that purchased the package. Both are challenging the exclusivity agreement the NFL has with DirecTV for Sunday Ticket.

NFL Sunday Ticket Antitrust Trial

A handful of jurors questioned by U.S. District Judge Philip Gutierrez were eliminated for cause after expressing their view of the NFL as a greedy organization, while the league used at least one of its peremptory challenges to dismiss a juror who expressed concern over players suffering from chronic traumatic encephalopathy, or CTE, which is a traumatic brain injury some former players have been diagnosed with after death believed to be caused by concussions. One of the most interesting exchanges of the day occurred when a juror who appeared to be a male in his 30s was asked by the judge about an answer on his questionnaire regarding his strong views about Kaepernick, who caused controversy years ago when he chose to take a knee during some national anthems to protest police brutality against Black Americans. It was unclear from his answer on the form how he felt about Kaepernick, but when asked, he told the judge he "sent a scathing email to the NFL and said I would never watch or support it again." "I think the act of kneeling during the national anthem is un-American, and it was un-American for nothing to have been done to Mr. Kaepernick," he continued. When the jurors were on a break, Judge Gutierrez told the attorneys he was going to strike the juror for cause, but William Christopher Carmody of Susman Godfrey LLP, who represents the plaintiffs, said the juror should be considered because he thought he said he could be fair in the case. The judge disagreed. "I thought he could be rehabilitated until he started writing scathing letters to the NFL," the judge said. Some members of the jury pool were eliminated before they were ever brought into the courtroom, based on their answers on a juror questionnaire on the case. Judge Gutierrez struck some because they appeared to be class members or for potential bias in the case, including one who expressed negative views on NFL Commissioner Roger Goodell.