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Speaker 1: Part in Utah's ESPN Radio network on the go by

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the Apple App Store or Google Play today.

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Speaker 2: Al rauhs.

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Speaker 1: Each time to check in with Preston and Garrett Handy

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of Handy and Handy for sports court. Handy and Handy

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are your accident and personal injury attorneys ready to assist

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with any related questions.

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Speaker 1: Visit them online at Handylawutah dot com. Big firm Experience,

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small firm attention.

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Speaker 3: Well, look back to your sports one O three nine

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ninety eight point three ESPN the Fan. I've been real

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on your taxes. These are tax smart Wealth Advisors at Vanderwalthy.

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You stop a little sports court. One of my favorite

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segments as sports and law intervene. It's that sports court

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time of the It's time to play judge and dury jury.

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What's the verdict on the biggest headlines in sports and law?

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It's time to play a little bit of sports court.

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Each week, we're breaking down the real life legal drama,

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intersecting with your favorite athletes, teams, and leagues. From contract

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disputes and iokaos, sideline scandals and court room battles. We're

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diving deep with Utah's most trusted injury attorneys. We got

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Garrett impressed in Handy on the line. Gentlemen, how you

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guys doing today?

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Speaker 4: Hey, Ben doing well? How you doing?

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Speaker 3: I'm doing fantastic. Always a pleasure, always a blessing talking

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sports in law with you guys. Number one, Let's I

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guess level set. Any recent news on Parker Kingston before

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we get into some of the other sports court topics today.

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Any other news and notes coming out of the Parker

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Kingston situation?

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Speaker 4: Oh man, I haven't seen any headlines. The last week

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spoke he'd been granted bail. Certain restrictions and requirements of

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his baill was, you know, to wear an ankle brakes

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that get off of all social media, no more contact

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with the alleged you know, victim or her family or friends,

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stuff like that. I haven't heard anything other than I think,

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you know, we know what the process right now is

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the prosetitution has to release their evidence to the defense

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so the defense can start preparing the defense and decide that.

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And I think they're supposed to have a hearing in

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front of the judge February twenty fifth, which I think

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they'll probably start setting dates for things. But I haven't

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heard anything.

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Speaker 3: Okay, well, no, I appreciate the update. Let's get into

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a little local update. You v response to a WHACK

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lawsuit and counters with a lawsuit in Utah and emotion

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for preliminary injunction. What do we have here.

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Speaker 4: Yeah, we talked about this a few weeks ago, and

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this is a really I think this is an important story.

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What we got three things legally going on. A few

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weeks ago, the WHACK sued UVU and said, hey, you're

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leaving and bounce into the big web. You owe a

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million dollars in exit fees. And we saw part of

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a letter from the UVU president where she said, blot out,

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she said, we ain't paying you these fees. We don't

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owe them. And they wondered to wait a minute, what's

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going on because exit fees are pretty common, and the

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WAC commissioner said, no, you owe them as part of

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your contract. This is a breach of contract. And oh,

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by the way, if you don't pay them, and this

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is really the basis of everything going on. If you

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don't pay them, you are prohibited from playing in any

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postseason tournaments. Your players are prohibited for getting any awards.

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And you know that's really important because the Whack tournaments

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for men's and women's basketball coming up, and both teams

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are apparently pretty good. The women's track and field indoor

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track and field is coming up, I think a baseball

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the conference baseball tournament is coming up, and so the

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WAC wants to flex its muscles and say, if you

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don't pay this, you don't get this. And it's also

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been reported that they pulled them for many broadcasts of

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their games, which is really petty. So that's in Texas,

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and apparently UVU filed a motion to dismiss based on

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jurisdictional grounds. But at the same time, the other two

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things going on. UVU, through the Attorney General of Utah,

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who represents all state agencies, including UVU as a state

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agency file that was called a verified complaint and they

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have basically said it's a thirty seven page thing. But

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basically they said to the WHAC, No, you're in breach

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of contract. And the basis of their claim is, hey,

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a few years ago, the WHAC was falling apart, and

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the WAC came to their member schools and said, hey,

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if everyone sticks around for a couple of years and

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signs a commitment agreement. This is in twenty twenty four,

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you sign a commitment agreement to stick around for two years.

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Part of this, if you fulfill this, you'll get a

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cumulative amount of standard revenue distributions. And this is the

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part that goes to the heart of what's going on.

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It says, if you do that, this would include reduced

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and or waived exit fees. And so now Ubused coming

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in saying, hey, Whack, we complied with this. You're in

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breach of contract of the contract by trying to enforce

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these exit fees. We informed you in July of last

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year that we're going to leave and we're going to

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stick around for another year, and that'll be up in

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June of twenty twenty six. Coming up here. So that's

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the second thing going on. They're suing. They're basically suing

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the WHACK, but they have to because now they've filed

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a motion, and the motion hits on two important things. First,

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they want a temporary restraining order from the judge, saying, hey,

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let's put everything on hold. Don't let the Whack enforce

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these things. We can fight about all that stuff down

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the road months down the road. And that's pretty informal,

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that doesn't require a hearing. But the more important thing

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is they've said, on top of the temporary restraining order,

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we want a preliminary injunction. And the preliminary injunction basically says, Whack,

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you are prevented from you are enjoined from enforcing these

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terms that you say are in place, primarily preventing our

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kids from playing in these postnaments, these postseason tournaments and

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getting awards and having a chance to really do what

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they work for. That's what kids work for. And they say,

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and here's the standard of preliminary injunctions. It says, if

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UBU does not get a preliminary in junction, they will

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suffer reparable harm in the absence of injunctive relief. What

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that irreparable harm is if the players don't get a

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play in these tournaments. You know, if they're prevented in

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a couple of months go by yeah, that's a reparable

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harm because guess what, they can't go back and play

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in those tournaments again. The second part of it is

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this irreparable harm are players not being able to be

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in these postseason tournaments. That outweighs anything that you're complaining

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of whack meaning you're complaining of, oh, we haven't got

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our exit fee of a million dollars and they're saying

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we can, we can negotiate that down the road. So

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this irreparable harm is the most important thing. And then

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the final part of it is that you have to

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show for a preliminary injunction, is that you know, with

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the preliminary in junction, if this case goes down the road,

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we think that we will prevail on our claims meaning

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breach of contract and a promis story estoppel claim. So

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that's in front of the judge now, and I think

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that'll be set for a hearing. We'll hear more about it.

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But my guess is the judge it's a Utah judge now,

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you know, and we claim we count on them being uhh,

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impartial and fair. I think they'll look at this and say, yeah,

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this this qualifies. This meets the requirements of a preliminary injunction,

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and I bet we'll hear that that's in place. But

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there's still the fight going on in Texas.

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Speaker 3: Crazy times in the collegiate world. Even the power structure,

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Uh there's uh, there's dominoes falling left and right with

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uh these uh these you know, the college football landscape

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restructuring of common which is let's turn our cast our

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games over to the National Football League. Mahomes thatat Mahomes

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and Travis Kelsey are facing a trademark lawsuit over a steakhouse.

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What's going on?

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Speaker 2: Yeah, that's true. So they teamed up and they've got

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a steakhouse called fifteen eighty seven Prime. They're in Kansas City.

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And the reason it's called fifteen eighty seven you can

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probably put this together, but that fifteen is Mahome's number

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and eighty seven is Kelsey's, right, so put it together,

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fifteen eighty seven Primes. So they've just opened this steakhouse,

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you know, very expensive steaks if you want to go

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get one. But they have been sued by a sneaker

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company called fifteen eighty seven Sneakers. You know, they got

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the same number in their name. They claim They are

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a US owned designed by Asian American culture, defined by

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Asian American culture, so some sort of Asian American culture

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shoe brand. I'm not really familiar with them, but you know,

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when I looked into it a little bit, the reason

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they claimed fifteen eighty seven is they say that is

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the year Filipino sailors arrived in California. I did not

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know that, but apparently so they're both claiming the fifteen

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eighty seven And so the Sneaker Company fifteen eighty seven

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Sneakers has sued fifteen eighty seven Prime the Steakhouse for

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trademark infringement. And some of this ben What it involves

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is kind of a who won the race to the

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trademark office and filed their application for trademark. The Sneaker

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Company did last October. However, they were in business before

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the Steakhouse. But on the other hand, the Steakhouse fifteen

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eighty seven Prime they also filed trademark applications back in

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twenty twenty three and twenty four, so you know, they've

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got applications in the trademark office first, and you know,

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we'll see what happens. I mean, it's kind of a

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fun story. But we've seen a lot of different types

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of trademark cases over the years in these sports legal stores,

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all kinds of different issues. Usually involves apparel and stuff

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like that, but here we got a steakhouse and a

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sneaker company. So who knew?

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Speaker 3: You got to be judicious? I mean, look, Google is

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is alive and well, right, the search engines are alive.

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Well all right, Yeah, it doesn't take that long to

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double check the uh you know, the the the IP, right.

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Speaker 2: It's not that hard. Yeah, you could also search the

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trademark office, but you're right, just the quick Google search

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should should turn this up, and you should realize there's

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a problem. I mean, we talked not too long ago

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about the remember with the Utah Mammoth. There's a mammoth

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bad company up in Oregon, right, I mean these are

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things that yeah, you could figure out and and try

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to deal with early on.

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Speaker 3: Yeah, whatever happened with that? D Was there a conclusion yet?

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Is that still open?

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Speaker 2: We'll have to look into that and get an update

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on it. I'm not sure.

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Speaker 4: I think it's still open, but they might have negotiated

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a deal.

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Speaker 3: Okay, well, maybe get a update on a later date.

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But let's get into blind Brian Flores getting a big dub,

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getting a big win. Judge rules that discrimination case against

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the NFL does not need to proceed to arbitration and

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can advance to court. What's the latest year.

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Speaker 4: Yeah, this is a big dub. This is a big dub.

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Let me tell you about it. About four years ago.

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We've been following this story four years ago. Brian Flores

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a former head coach in the NFL, and he's held

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a number of assistant coach positions. He applied for and

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interviewed for a few head coaching jobs with the with

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the Dolphins, the Giants, and the Broncos. And you know,

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anyone that knows about interviews in the NFL, the Rooney

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Roll Rule requires teams to automatically interview minority candidates for

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executive positions and for head coaching positions. Well, Brian Flores

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didn't get any of these positions, and he apparently got

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wind of something and he claimed that it was discrimination

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against him and they had no intention of ever hiring him.

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So he sued the NFL. He sued the Dolphins, the Giants,

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and the Broncos alleging discrimination. And so this is in

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court files it in federal court, and here comes the NFL,

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the big hammer, and says, not so fast. Brian Flores. Remember,

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we've got an arbitration clause. Whenever an employee, a player,

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a coach sues the NFL, we got to go to arbitration.

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And why do they want it to go arbitration. Guess

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who's the arbitrator, one and only, mister Roger Goodell. So

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the NFL files emotion and goes to the court and says, no,

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everyone's agreed to this, we got to go to arbitration.

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Well the lower court said, no, we don't agree with that,

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based on, you know, claims of discrimination. These are constitutional claims.

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They claim, no, this doesn't have to garb tration. He

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gets to continue in court. Well the NFL, you know,

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trying to flex their muscles again. They do not want

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this to go to court. They file an appeal with

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the Court of Appeals, and now the Second Court of

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Appeals has come back and they have agreed with Brian Flores,

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and they basically said this not only this violates the

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Federal Arbitration Act, it doesn't check the boxes that need

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to be there for fairness. It also they also claim

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that there's the four the seconds could note that they

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added procedures they're not in place, and and the bottom

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line is they just said, this just isn't fair. This

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isn't fair that someone could sue a party and the

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head of that party gets to come in and serve

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as the judge, jury and determination on this and the executioner.

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And so they've agreed with Brian Flores and basically said

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you can continue now. And we have heard any of

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the discovery that's happened, the stuff that's come out, but

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they're saying this hits continue, you get to get a

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trial date. I'm gonna I'm gonna make a prediction right

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now that we're going to report to you down the

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road that the Brian Flores case has settled for a

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confidential amount because the NFL does not want this in

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front of a jury. They like to be in control.

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They have to pay a few If they have to

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pay a few shekels out of their pockets, they'll do

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it because it looks bad, especially a discrimination claim. The

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other one that happened was John Gruden, who you know,

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all these emails come out about him slamming on Goodell

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and and he loses his job and he'll never coach

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in the NFL again. He's sue the NFL and he

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actually won his too. But the NFL and the NBA

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and all of these groups, they have a really good

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record of pushing these into arbitration. So there's a couple

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of I think it's a really good sign that you

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can hear have your dispute heard in court and let

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it heard by a third party and not by the

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person that you're suing.

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Speaker 3: Crazy times and then football league and look, yeah, they

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got a monopoly on a sport. Okay, pretty much, And

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so last time I checked, monopolies don't necessarily breed justice

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and the egalitarian principles, right.

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Speaker 4: Well, yeah, I think anyone in this case. There are

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cases where arbitration is a is a great thing and

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it's less expensive, it's a little more predict predictable, it's

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it's faster. A lot of corporations they have arbitration clause

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because they just don't want to get dragged into court.

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And you know you but in those cases, the parties

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on both sides usually select a what they agree to

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the arbitrators, so they both look at and say, here's

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who we want to arbitrate it because they feel that

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arbitrator could be fair and impartial.

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Speaker 3: Love that breakdown, gentlemen, We're in a sports court segment

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brought to you by Handy and Handyhandy Law Utah dot Com,

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your trusted injury he's the best in the business. A

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couple of last weeks here before we let you guys go,

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Guardian's pitcher is seeking to shift more blame onto teammates

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in a pitch rigging case. What's going on here?

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Speaker 2: Yeah, these are two Guardians pitchers. They're both defendants in

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a criminal case. These are federal charges levied against them

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for a picture rigging scheme right where they're throwing certain

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pitches so that betters can make money. And it's a conspiracy.

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We're seeing this a lot now, unfortunately in sports. But

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so these two pictures are co defendants, right, and co

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conspirators in this in this scheme. But the one pitcher,

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Luise Ortiz, he's saying, wait a minute, I really didn't

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have anything to do with this. I you know, I

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was taking my orders from the other picture, whose name

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is Emmanuel Clase. I didn't really know anything about this,

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you know, I threw me you know, maybe he threw

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two pitches, is really what they're saying, but that Clay's

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through like two hundred pitches. And so Clace was the

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main kind of mastermind of this in the bullpen. And

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so what Ortiz is doing is he's kind of flipped

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on his code defendant and is saying, Hey, my case

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should be separate from his. I don't want to show

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up in the court with Emmanuel Clays because it's gonna

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be unfair. I'm gonna be found, you know, basically guilty

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by association. We all kind of know how that what

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that is, and so he wants out of it. One

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of the funny things then that I thought you guys

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might think was funny is some of the text messages

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have come out, which is how they use some coded language.

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This Emmanuel Clays this picture with the guy who was

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setting up the betting scheme with these betters that were

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in the Dominican Republic, and so he gets a text

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the picture does this says throw a rock at the

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first rooster in today's fight. And then the picture responds

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and says, yes, of course, that's an easy toss to

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that rooster. And then what's funny to me is case

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there was any confusion about what he was going to do,

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he says, I'm gonna throw it low. Don't worry. So

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they've got the text messages and I mean these you know,

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they were using some coded language, but I don't, you know,

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it's pretty easy to see through, I think. So that's

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going to be a big part of the government's case

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against them.

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Speaker 3: Love it great breakdown. Last thing, this one may be

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of interest for BA fans. Mos upon a time, the

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Uyu recruited Jaden Rashata to provo Missippi State quarterback Jen Rashata.

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Group of defendants, including former University of Florida head coach

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billion A. Pier, have settled Rashata's first of his kind

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NIL fraud lawsuit. And kind of an interesting thing here

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with the connected nil collective.

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Speaker 4: Yeah, so Jaden Rashata, he was a five star recruit

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coming out in twenty twenty two. He had a deal

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in place with Miami for nine point five million, and

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you know, four years ago that doesn't sound like much.

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Nine point five million over four years. Well, University of

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Florida came to him and said, hey, we'll give you

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fourteen million over four years and you'll get signing bonuses,

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a five hundred thousand dollars signing bonus. Well, that sounded

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pretty good at Jade and Rashata. So he flipped to

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Florida and lo and behold, Florida didn't pay him this,

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and he's there was some confusion, and he so he

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sued University of Florida, then coach Billy Napier and a

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few of the boosters and their collective, claiming essentially breach

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of contract. You enticed me to come to University of Florida.

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I gave up a good deal and you didn't make

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good on it. And so he sued him, and it's

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been going for a few years and we've just learned, well,

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the defensive uniits of Florida was Jaden, you got that wrong.

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That wasn't really the numbers, even though there was a

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text that said we need to lock this guy down

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and we need to pay him and lock him down.

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Speaker 3: So as one sec here, as uh uh, we actually

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have to to go to break right here. I apologize

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to cut you off because this is intriguing one. But guys,

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I want to invite everyone to head on down to

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00:20:11,920 --> 00:20:14,359
head on over to Handy Law Utah Handy Law Utah

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00:20:14,400 --> 00:20:16,640
dot com. Call them set up at a point if

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00:20:16,680 --> 00:20:20,000
you've been injured. H Utah's most trusted injury attorneys eight

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00:20:20,000 --> 00:20:22,240
O one two six four sixty six seven seven. That's

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00:20:22,240 --> 00:20:24,799
eight A one two six four sixty six seven seven.

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That's handy law Utah dot Com. Thanks so much, gentlemen.

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We appreciate you.

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Speaker 4: Thanks Ben.

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Speaker 2: Thanks