The Venu Sports Lawsuit Could Head to Trial in February 2025
After blocking the launch of Venu Sports, U.S. District Court Judge Margaret Garnett ordered that a pretrial date be set for September 12 in New York City.
Judge Garnett shocked many observers when she sided with Fubo in their antitrust lawsuit against Disney, Fox, and Warner Bros. Discovery over the launch of their joint venture streaming service.
Photo: Venu
Prior to Judge Garnett’s injunction, Venu Sports was expected to launch this fall.
The Joint Venture Partners Say They Are Losing “Tens of Millions of Dollars”
In the latest court filings, the judge has ordered the parties to return in two weeks. According to a Deadline report, the agenda for the September 12 pretrial conference will include the defendant’s pending motion to dismiss the suit, details of discovery that have yet to be completed, and a possible jury trial with a start date of February 2025.
Photo: Disney
In a Friday motion, Disney, Fox, and Warner Bros. Discovery asked for an expedited process in the U.S. Court of Appeals for the Second Circuit, arguing that “time is of the essence.”
They say Judge Garnett’s previous decision to block the launch of Venu contained “multiple legal errors.” The partners are “losing tens of millions of dollars that they have invested in a start-up business that has been blocked from coming to market, dozens of employees who were hired to work for Venu are left in limbo, and consumers are denied access to the innovative new product that Venu would have provided and the increased competition that would result from a new product offering,” the recent filing said.
Fubo’s Response
While they do not oppose an expedited schedule, in their own filing, Fubo defended Judge Garnett’s decision, noting that the Disney, Fox, Warner Bros. motion contained “numerous misstatements, unsupported factual assertions, and mischaracterizations of the district court’s decision.”
Photo: Also Fubo
“The district court’s decision is based on settled precedent in the Second Circuit, full consideration of the facts presented by both sides and numerous credibility determinations that should be accorded deference,” Fubo continued.
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