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Federal judge overturns $4.7 billion jury verdict in ‘Sunday Ticket’ lawsuit and rules for NFL

LOS ANGELES (AP) — A federal judge overturned a jury’s $4.7 billion verdict in the class-action lawsuit filed by “Sunday Ticket” subscribers against the NFL and has granted judgment to the NFL.

U.S. District Judge Philip Gutierrez ruled Thursday that the testimony of two witnesses for the subscribers had flawed methodologies and should have been excluded.

“Without the testimonies of Dr. (Daniel) Rascher and Dr. (John) Zona, no reasonable jury could have found class-wide injury or damages,” Gutierrez wrote at the end of his 16-page ruling.

On June 27 the jury awarded $4.7 billion in damages to residential and commercial subscribers after it ruled the NFL violated antitrust laws in distributing out-of-market Sunday afternoon games on a premium subscription service.

The lawsuit covered 2.4 million residential subscribers and 48,000 businesses in the United States who paid for the package on DirecTV of out-of-market games from the 2011 through 2022 seasons.

“We are grateful for today’s ruling in the Sunday Ticket class action lawsuit,” the NFL said in a statement. “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.”

Calls and emails to the attorneys representing “Sunday Ticket” subscribers were not returned.

The jury of five men and three women found the NFL liable for $4,610,331,671.74 in damages to the residential class (home subscribers) and $96,928,272.90 in damages to the commercial class (business subscribers).

Because damages can be tripled under federal antitrust laws, the NFL could have been liable for $14,121,779,833.92.

Gutierrez did say in his decision that if he did not rule for the NFL as a matter of law, he would have vacated the jury’s damages verdict and conditionally grant a new trial “based on the jury’s irrational damages award.”

Rascher’s models were variations of a college football model. Rascher, an economist at the University of San Francisco, said during his testimony that “they figured it out in college sports, (so) they would certainly figure it out at the NFL.”

Gutierrez said Rascher’s testimony “was not the product of sound economic methodology” and that he needed to explain how out-of-market telecasts would have been available on cable and satellite without an additional subscription.

Gutierrez also found flaws in Zona’s “multiple distributor” models because it predicted consumers would have paid more if another service besides DirecTV offered “Sunday Ticket” and there was an unsupported assumption that another distributor — either cable, satellite or streaming — would have been available.

“Without knowing what “direct-to-consumer” meant, it is impossible to determine if it would have been economically rational for consumers to purchase ”Sunday Ticket” from an alternative distributor at a higher price,” Gutierrez said. “And, that definition was necessary for determining whether a viable alternative distributor even existed during the class period. Without that information, the Court cannot determine whether the but-for worlds without exclusivity were modeled reliably.

The jury’s amount also did not conform to Rascher’s model ($7.01 billion) by Daniel Rascher, or the model ($3.48 billion) by Zona, who was an expert witness in the case.

Instead, the jury used the 2021 list price of $293.96 and subtracted $102.74, the average price actually paid by residential Sunday Ticket subscribers. The jury then used $191.26, which it considered as the “overcharge,” and multiplied that by the number of subscribers to come up with the damages amount.

Gutierrez said the jury did not follow his instructions and “instead relied on inputs not tied to the record to create its own ‘overcharge.’”

It is not the first time the NFL has won a judgment as matter of law in this case, which has been going on since 2015.

In 2017, U.S. District Judge Beverly Reid O’Connell dismissed the lawsuit and ruled for the NFL because she said “Sunday Ticket” did not reduce output of NFL games and that even though DirecTV might have charged inflated prices, that did not “on its own, constitute harm to competition” because it had to negotiate with the NFL to carry the package.

Two years later, the 9th Circuit Court of Appeals reinstated the case.

It is likely the plaintiffs will again appeal to the 9th Circuit.

Heavy rains lead to wastewater bypasses in central and southern Iowa

STATEWIDE — Following heavy rainfall throughout central and southeast Iowa, the DNR encourages Iowans to stay out of streams until the waters recede. Heavy rain has inundated several areas and led to multiple wastewater discharges.

The DNR Field Offices in Des Moines and Washington were notified early this morning of wastewater bypasses in several counties in central and southeast Iowa. Currently, the department is unaware of impacts to municipal drinking water supplies or fish kills. DNR staff will continue to monitor these situations and assist impacted communities.

Heavy rainfall can overload wastewater collection systems and underground sewer pipes carrying sewage to a treatment plant. With sewage pipes overwhelmed, excess water has nowhere to go and can back up into basements through floor drains. Bypassing can lower the water level and alleviate pressure in the collection system, keeping sewage from backing up into basements, which could present health risks.

In Jefferson County, several inches fell in a short amount of time impacting the City of Mount Pleasant. The bypass is entering Saunders Branch with a discharge of approximately 500 gallons per minute from a lift station. Saunders Branch discharges into Big Creek to the south of town before the confluence with the Skunk River.

The city has two pumps in the area to attempt to reduce the amount of bypassed water entering Saunders Branch. Water samples are being collected in the area of the wastewater bypass. This is an ongoing discharge and is expected to last a couple days according to city staff. It is recommended the public avoids the impacted stretches of water.

Swimming Not Recommended at Lake Red Rock’s North Overlook Beach

KNOXVILLE, Iowa – Due to elevated bacterial counts, the U.S. Army Corps of Engineers, Rock Island District, advises that swimming is not recommended at Lake Red Rock’s North Overlook Beach until further notice.

“Swimming Not Recommended” signs will be posted at the beach until further testing indicates low bacteria counts. Sampling at the beach is performed weekly by the Corps through a contract with Iowa State University.

For more information on water quality monitoring at Lake Red Rock call 641-828-7522 or visit: www.mvr.usace.army.mil/Missions/Recreation/Lake-Red-Rock/.

Mahaska Health’s 13th Annual Run in the Sun is Tomorrow

OSKALOOSA — Mahaska Health is excited to host the annual 5K/2K Run in the Sun supporting Hospice Serenity House and caregivers in their mission to provide personalized, compassionate care to patients and their families. The 13th annual Run in the Sun race will begin at 8:00 am on Saturday, August 3rd, 2024, at the Statesmen Community Stadium in Oskaloosa, Iowa. The event also includes family-friendly post-race activities. Community members in Oskaloosa and the surrounding counties are welcome and encouraged to participate.

Participants can choose a 5k run or 2k walk. Registration for both options is $25, with the 5k run including a timing chip. All participants will receive a Run in the Sun T-shirt. Free children’s activities, such as a Kid’s Fun Run, face painting, Sno-Biz treats, and inflatables from Lazar Alley, will be available during the post-race activities. Groups and individuals of all ages are welcome to join in the fun. Friends and family are encouraged to cheer on the runners and show support through donations.

“Participants in this event make a difference in the lives of many,” shared Dr. Zacharjasz, Mahaska Health Family Medicine Physician and Hospice Medical Director, “Run in the Sun is a great opportunity to unite as a community to help others. We are very grateful to our volunteers, participants, and sponsors for making it possible to better support those in our care through this event. We look forward to seeing everyone on race day!” 

The annual Mahaska Health Foundation Run in the Sun helps the Mahaska Health Foundation and Hospice Serenity House continue to provide individualized, compassionate care to families who need it most. For information on registration, packet-pickup, race day schedule, and other details, visit: mahaskahealth.org/run2024.

Simone Biles and Team USA earn ‘redemption’ by powering to Olympic gold in women’s gymnastics

PARIS (AP) — Simone Biles, Jordan Chiles and Sunisa Lee spent the night before perhaps the biggest gymnastics meet of their lives restless.

There was a tension in the air. They’d all been in the Olympic spotlight before, experiences that left them with medals but also the kind of scars — be they physical, psychological or both — that heal but never really go away.

And here they were in Paris, the leaders of a star-laden U.S. team everyone expected to finish atop the medal stand, and something wasn’t right.

In a different time, in a different era, it might have festered. Might have followed them onto the floor at Bercy Arena and into the history books, too.

This is not a different time. This is not a different era. This is now.

So the oldest team the U.S. has ever sent to the Olympics, including a trio that has spent their respective careers breaking barriers about what a female gymnast can and can’t do, what they can and can’t be, did something they never used to do.

They talked, with Biles — three years removed from a Tokyo Games that dragged the conversation around mental health and sports kicking and screaming into the light — right in the middle of it.

“I think there was a little bit of struggle,” she said. “So it was really needed.”

By the time they walked onto the floor for the Olympic final, the tension was gone, largely replaced with joy.

And not soon after, gold.

The self-described “Redemption Tour,” the moniker given to a team filled with women who wanted to return to the Games for deeply personal reasons, ended with Biles and the Americans where they have almost always been since she burst onto the scene 11 years ago: on top of the podium, the rest of the world looking up.

Eight years after winning gold in Rio with a team that called Aly Raisman grandma because she was all of 22, Biles — now 27 and married — was back again with Jade Carey (24), Chiles (23), Lee (21) and teenager Hezly Rivera at her side.

“We don’t have to be put in the box anymore,” Biles said about a group that has dubbed itself “The Golden Girls.”

No, they don’t.

With Biles at her show-stopping best, the Americans’ total of 171.296 was well clear of Italy and Brazil and the exclamation point of a yearlong run in which Biles has cemented her legacy as the greatest ever in her sport, and among the best in the history of the Olympics.

“She’s the greatest of all greats,” said Chiles, who now has gold to go with the team silver she, Lee and Biles earned in Tokyo, when Biles removed herself from the team final to protect herself.

Chiles, who seemed like a longshot to make it this spring after injuries piled up, was pretty good in her own right. She began the night by drilling her double-twisting Yurchenko vault, sending the Americans on a four-apparatus stop on their “Tour” that felt equal parts coronation and celebration.

By the time Biles, the left calf that bothered her during qualifying heavily taped, stepped onto the floor for the final event — a floor exercise set to music by Taylor Swift and Beyonce — it was over.

She joked she knew she simply needed to stay on her feet to win. She did more than that, providing an exclamation point on the U.S.’s third gold in its last four trips to the Games.

The Americans remain peerless (if not flawless, this is gymnastics after all) when at their best.

And over two hours in front of a crowd that included everyone from tennis great Serena Williams to actor Natalie Portman, Biles left little doubt about anything.

Her status as the sport’s greatest of all time. Her ability to move past the “twisties” that derailed her in Japan. Her spot in the pantheon of the U.S. Olympic movement.

She now has a staggering 38 medals in major international competitions. Eight of those have come under the Olympic rings, moving her past Shannon Miller for the most by an American gymnast.

Yet her return wasn’t so much about winning. That’s never really been the point anyway, just a byproduct of her unparalleled excellence. It was about a joy she had lost somewhere along the way.

It seems to have returned. She leaned into the crowd that roared at every flip, every leap and, yes, every twist. With her husband — on break from NFL training camp — waving an American flag while sitting next to her parents, Biles did what she has done so well for so long save for a couple of difficult days in Japan during a pandemic: she dominated.

Biles met with her therapist in the morning to put her in the right mindset. There was brief — very brief — moment of trepidation as she raced down the vault runway, the event that began to spin out of control in Tokyo.

Only this time, she essentially stuck her Cheng vault, the one that sends her spinning through the air in a fraction of a second.

Afterward, she exhaled.

“I was like ‘Yes, please no flashbacks or anything,’” Biles said. “But I did feel a lot of relief. And as soon as I landed I was like ’Oh yeah, we’re going to do this.'”

Yes they were. Just like always.

The only real drama centered on who would finish next to the Americans on the medal stand.

Italy, which was a surprising second to the U.S. during qualifying, returned to the podium for the first time since 1928 by holding off Brazil for silver.

Yet there was no question about the top spot. There rarely ever is when Biles is involved.

The road back to this moment has been difficult at times. Uncertain. They felt the weight of everything on Monday night. Rather than let it weigh them down, they shed it.

“I think the talk that we had yesterday definitely helped all of us like come together tonight,” Lee said. “And it just made it so much more special.”

Report: Iowa sees drop in deaths from alcohol and drugs, but a rise in suicides

By Matt Kelley (Radio Iowa)

Iowa is mirroring the national trend with a slight drop in deaths due to alcohol, drugs, and suicide, according to a report from a non-partisan public health policy organization.

Dr. Nadine Gracia, president and CEO of Trust for America’s Health, says figures for 2022 show the first substantial drop in those deaths in five years, though there’s still much work to be done. She says the long-term trend is still alarmingly high.

“In the state of Iowa, the data show that there were over 1,600 individuals who died due to alcohol, drugs and suicide,” Gracia says. “That was about a 1% decrease from the previous year. We saw decreases in alcohol induced death and drug overdose deaths, but there was actually an increase in suicide deaths by 6%.”

Over the past two decades, the study finds deaths from alcohol, drugs, and suicide in the U.S. increased by 142 percent. Gracia says drug overdoses, in particular, rose relentlessly in the past ten years as synthetic opioids gained in popularity. She says rural residents appear to be especially at risk.

“We do see, for example, higher death rates among people who died from suicide from people who are living in rural areas, people who are men,” Gracia says. “For drug overdose deaths, we also see higher rates for adults who are ages 35 to 54, as well as males.”

In the report, “Pain in the Nation 2024: the Epidemic of Alcohol, Drug, and Suicide Deaths,” researchers found a slight drop in the combined rate of alcohol, drug, and suicide deaths, but that rate is still more than double what it was 20 years ago. Gracia points to a lack of access to treatment options.

“You look at the state of Iowa, for example, about 59% of the state’s residents actually live in an area that has a mental health care shortage,” Gracia says, “so we need to assure that we’re bolstering and increasing access to mental health care services for anyone and everyone who needs them.”

To save lives, she says more work needs to be done to implement prevention and harm reduction strategies, and to ensure access to mental and behavioral health care.

Attorney General Bird Warns Iowans of Lottery Scams

DES MOINES — Iowa Attorney General Brenna Bird today issued a warning to Iowans about devastating lottery scams.

Last year, Americans lost nearly $340 million to lottery scams. Lottery scams occur when con artists tell victims that they have won a prize and then convince the victims that they have to make payments to receive it.

“Scammers are professional manipulators and thieves,” said Attorney General Bird. “They take advantage of Iowans’ hopes and dreams before stealing from them. And they steal not just money, but confidence, joy, trust, and livelihood. I urge Iowans to be vigilant and to remember that if something sounds too good to be true, it probably is. And if you have to pay for your prize, it is a scam.”

One example is an Iowa woman who received a phone call from an unknown number. The caller told her she hit the jackpot and had won $5.5 million, a brand new 2023 Mercedes Benz, plus payments of $5,000 a week for a lifetime. Over the course of the day, the scammer called the woman eight times, checking in to see how she was feeling. After building a trusting relationship with this woman, the scammer told her that she needed to pay a $2,000 fee to receive her prize. She withdrew from her investments, deposited the check at the instructed bank, and was told, if asked about the money, to say that it was for her kids. After the first payment, she was told to send more money. At that point, she stopped and sought help from local law enforcement.

How scammers trick you:

  • Scammers call, text, email, or mail to notify you that you won the lottery, a sweepstakes, or a prize.
  • Scammers demand upfront payments to collect your winnings or pay related taxes/fees.
  • Scammers send emails or texts requesting personal/financial information for you to claim lottery wins or prizes.
  • Scammers pose as lottery officials or pretend to be from well-known companies that run sweepstakes to sell fake tickets or entries, demand money, or get your personal/financial details.

How to protect yourself from lottery scams:

  • If you have to pay for your prize, it’s a scam.
  • Hang up or do not respond to any unsolicited call or message.
  • Never provide personal or financial information over the phone or email to someone unknown for alleged lottery or prize winnings.
  • Report suspicious activity to the Iowa Attorney General’s Office or local law enforcement.

If you or someone you know has been targeted by a lottery scam, contact the Iowa Attorney General’s office at 888-777-4590 or file a complaint online: https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint.

Storm Debris Collection in Ottumwa

OTTUMWA — The City of Ottumwa is opening a drop-off site for storm debris in the gravel parking lot on the other side of the Jefferson Street Bridge from Bridge View Center. This site is only for branches and limbs that have fallen due to the recent storms. Alternatively, curbside yard waste pickup remains an option. Sticks and branches need to be smaller than 3 inches in diameter and shorter than 36 inches in length. These sticks and branches can then be tied into bundles weighing less than 50 pounds. Brush, leaves, and other yard debris can be placed in compostable yard waste bags with a yard waste sticker attached. South side collection is on Tuesdays and north side collection is on Thursdays. Call Bridge City Sanitation at 641-682-1700 for scheduling yard debris pickup.

Tesla recalling more than 1.8M vehicles due to hood issue

SAN JOSE (AP) — Tesla is recalling more than 1.8 million vehicles because of a hood issue that could increase the risk of a crash.

Billionaire Elon Musk’s Tesla is recalling some 2021-2024 Model 3, Model S, Model X, and 2020-2024 Model Y vehicles because the hood latch assembly may fail to detect an unlatched hood after it has been opened.

The unlatched hood can fully open when the vehicle is in motion, potentially obstructing the driver’s view and increasing the likelihood of a crash. The company is unaware of any crashes, injuries or deaths related to the issue.

Tesla did not immediately respond to a request for comment.

Tesla began investigating customer complaints about the issue on Model 3 and Model Y vehicles in China on March 25. By mid-April, the automaker had identified the condition impacting vehicles in China as a latch switch deformation.

Tesla has continued to look at the issue and found that the rates of occurrence were higher in China than in Europe and North America, but the reason for that disparity is unknown.

Tesla said that as of July 20 it has identified three warranty claims or field reports for U.S. vehicles that are related to or may be related to the hood issue.

The National Highway Traffic Safety Administration said that Tesla has released a free software update to address the issue.

Owner notification letters are expected to be mailed on Sept. 22.

Vehicle owners may also reach out to Tesla customer service at 1-877-798-3752 for more information. They may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 or visit to www.nhtsa.gov.

Last month Tesla recalled its futuristic new Cybertruck pickup for the fourth time in the U.S. since it went on sale Nov. 30 to fix problems with trim pieces that can come loose and front windshield wipers that can fail.

Iowa pheasant population survey begins Aug. 1

DES MOINES — Pheasant hunters across the northern half of Iowa had an excellent season last year, and many are looking forward to what 2024 has in store. The fall forecast will be based on the Iowa Department of Natural Resources’ (DNR) annual roadside pheasant counts, that begins Aug. 1.

The statewide survey is conducted by Iowa DNR staff between Aug. 1-15, who drive 225, 30-mile routes on gravel roads at dawn on mornings with heavy dew. Hen pheasants will move their broods to the edge of the gravel road to dry off before they begin feeding, which makes them easier to count.

In June the DNR issued its annual prediction for the roadside counts, which uses a weather model based on the snowfall, rainfall and temperatures from the past winter and spring.  The model provides a best guess at what the counts might look like, and it is predicting numbers to be likely lower than last year.

But the best indicator for the fall season is the August roadside survey that counts actual pheasants seen along more than 6,000 miles of rural, gravel roads.

The August roadside survey has been conducted over the same routes since 1962. In addition to pheasants and quail, the survey collects data on partridge, cottontails and jackrabbits. Results will be posted online at www.iowadnr.gov/pheasantsurvey in early September. Iowa’s pheasant season begins Oct. 26.

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