PRO FOOTBALL / DAILY REPORT : AROUND THE NFL : Ex-Patriot Owner Faces New Trial

A federal appeals court ordered a new trial in a $51 million lawsuit that former New England Patriots owner William H. Sullivan won against the NFL.

The 1st Circuit Court of Appeals ruled that a second trial is necessary because of prejudicial errors made in the original trial.

Chief among the errors, the court said, was a judge’s failure to tell the jury that Sullivan had been involved in developing the ownership rules he later contested in court.

Sullivan filed suit against the NFL in May 1991, seeking $116 million in damages. He claimed the league’s refusal to allow him to sell public stock forced him to sell the team to Victor Kiam in October 1988 for what Sullivan considered to be a low price of $84 million.

Last October, a U.S. District Court jury returned a verdict in Sullivan’s favor after a month of testimony and deliberations, awarding Sullivan $38 million which was automatically tripled under federal antitrust law. Another judge then reduced the award to $51 million.

In Friday’s ruling, Chief Justice Juan Torruella wrote that the judge in the original trial should have instructed jurors about the legal ramifications of Sullivan’s involvement in drafting the ownership policy.