In 2012, sports fans filed suit against the MLB, NHL, and the Yankees Sports & Entertainment Network (YES), among others, alleging that their TV “blackout” rules are illegal.
Sports leagues’ TV blackout rules have long frustrated sports fans. U.S. District Court Judge Shira Scheindlin provided an example of a typical situation for out-of-market sports fans in her 2015 opinion granting class action certification: A Yankees fan who lives in Iowa cannot purchase only the YES Network—as a fan living in New York can—he must purchase an “out-of-market” package” (OMP). An OMP is a bundle of out-of-market games, and is unsurprisingly more expansive than a single-team package.
In June 2015, the NHL settled with the fans, agreeing to sell single-team packages for a reduced price. The MLB and YES Network continue to fight, however, and are currently attempting to add six new witnesses. The plaintiffs are fighting the addition, arguing that allowing the new witnesses will unfairly extend discovery. The MLB and YES Network argue that the plaintiffs have had adequate notice of the witnesses’ potential for discoverable information.