Disney, Warner Bros. Discovery and Fox fail again in the sports streamer suit

Unless someone breaks away from the bench to strike a deal, Disney, Warner Bros. Discovery & Fox’s big push into sports streaming is expected to go to trial in October 2025, a federal judge ordered today.

U.S. District Court Judge Margaret M. Garnett on Monday made official what she had told lawyers and executives of the lumbering media giant and upstart Fubo TV in court, ordering efforts to stop the David Gandler-led outlet’s lawsuit to object to their Venu Sports streamer had failed.

“As discussed with the parties on record at the hearing on December 13, 2024, Fox’s motion to sever claims and change venue is DENIED; Warner Bros. Discovery’s motion to dismiss is DENIED; Disney Defendants’ Motion to Dismiss is DENIED. and Fox’s motion to dismiss is DENIED,” the court filing said today. “The Court’s opinion and orders on these motions, entered into the record on December 13, 2024, may be viewed by ordering the transcript of these proceedings once unsealed and made available.”

After Venus’s planned August launch date was scrapped because they failed to dismiss Fubo TV’s antitrust lawsuit filed in February, ESPN and Hulu owners Disney, Max owners WBD and Fox now face a trial that begins October 6th next year in Judge Garnett’s courtroom in New York.

With nothing on the field or court yet, Venu’s three backers, who have collectively spent more than $50 million to prepare the now-vestigial service for launch, filed an appeal with the Second Circuit over Judge Garnett’s summer shock and declined to grant Fubo’s request for an injunction. The trio laid out their objections to Garnett’s ruling in a brief filed in September. Now, with an appeals court hearing scheduled for Jan. 6, the Venu, led by Pete Distad, have done their best to end August with a Hail Mary. Overturn Judge Garnett’s order.

It’s a big bet that won’t stop the antitrust trial in October. It’s a big bet, either with a big win or with the injunction lifted and Venu reinstated. It is a great victory or a likely fatal defeat and the end of Venu as a result.

The David to the Big 3 Goliaths here and their lawyers at Cravath, Swaine & Moore, Fubo TV, are not only demanding money for their current and potentially future rivals, but sports streamers also want the sports streamer proposed by the three to be shut down and buried on legal sea well by court order.

Disney, WBD and Fox probably weren’t very surprised by what happened today after oral argument in Judge Garnet’s courtroom late last week. None of the three still responded to Deadline’s request to comment on the failure of their firing efforts and more. If they respond, this post will be updated – making a better change than the proposed $42.99 per month. Venu will soon see the digital light of day.

The truth is that this hasn’t been a good series for the trio of corporate heavyweights and this latest ruling makes it less likely that Venu will ever see the light of day.

Fubo first filed its lawsuit in the early weeks of the year, calling the proposed service anti-competitive. Since then, sports broadcasting and streaming has changed dramatically. To name just two examples: Netflix is ​​now partnering with the NFL for live games, including on Christmas Day, and WBD lost its NBA contract by just fractions after settling a separate lawsuit against the Adam Silver-led basketball league.

Maybe a break wouldn’t be such a bad idea.