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Speaker 1: It's time to check in with Preston and Garret 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 2: You may have.

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Speaker 1: Pleasit them online at Handy Law Utah dot com. Big

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firm Experience, small firm Attention.

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Speaker 2: Welcome back over sports one over nine nine, eve Ford three, ESPN,

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the Bend. I'm think for broadcasting from our band and

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Wealth studios Banterwealth dot com. Get on that free Q

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and A no obligation to invest Q and A with

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our tax mart Wealth Advisors or sort of by financial planners.

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Nobody does it better than vander Wealth. It is time

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for a little sports court. Love this Handy and Handy,

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Big firm Experience, small firm attengent. Got to give them

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an opportunity to earn your business today. If you've been

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in an accent, visit Handy Law Utah dot com. It

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is time play judge and Jury. What's the verdict on

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the biggest headlines in sports and lots stopping a little

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sports core brought to you by Handy It Handy and

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each week we break down the real life legal drama,

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intersecting with your favorite athletes, your favorite teams, your favorite leagues,

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your contract disputure, nio chaos, the sideline scandals and Cormoran

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battles that you love all the drama. We're diving deep

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with Utah's most trusted injury attorneys, Garrett and Preston Handy.

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We'll get them on the line here momentarily. Gonna delve

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into a number of topics today. There's a couple of

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things that are cooking in this crazy college athletic world.

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Diego Pavia News. Three legal sports stories to watch and

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follow in twenty twenty six. Let's welcome in our favorite

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injury attorneys. We got Garrett and Preston Handy on the line. Gentlemen,

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how are you guys doing?

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Speaker 3: Mayy doing good? Ben, Happy New Year.

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Speaker 2: Happy New Year to you guys as well. Appreciate you

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guys showing up, showing out.

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Speaker 1: Guys.

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Speaker 2: I want to start off the conversation if I could.

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We don't have to get into it initially, but have

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you guys been have you guys been monitoring the demand

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Williams case at all that i'mon Williams situation. He signed

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an nil contract and then with you Dub. And then

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then uh after like a day after he he entered

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the portal, and now he's he's hired a lawyer. His

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agent has dropped him. He's he's got legal representation. Have

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you guys seen anything on this?

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Speaker 4: Yeah, we we have actually been following that. In fact,

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Preston and I were just talking about it before getting

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on with you. It is this is uh, I don't

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know where we're going to see him end up, but

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it looks like the bet is maybe LSU. But there's

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been all kinds of drama around this right and and

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the latest thing is his agent has dropped him, and

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the agent cited, you know, philosophical differences. But obviously this

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agent phils Burned where he puts together a great what

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he thinks is a great deal, and demon must have

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thought it was a great deal too. He signed a

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contract with you Dubb, and then a couple of days

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later he says he's going to enter the portal. But

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the issue now is you Dubb saying well, we're not

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going to put your name in the portal because the

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school has to be the one to do that, and

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we're not going to facilitate this because that's in our

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contract and we're going to hold you to it. And so,

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like you said, Ben, he's hired an attorney, And so

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I think we're shaping up to see a legal battle

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here that I'm sure we'll be talking about.

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Speaker 2: So, like, we've seen a couple of schools try to

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hold student athletes accountable for NIL contracts, haven't we. I mean,

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I don't know how many we have seen, but I

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think you guys have monitored a few of these situations.

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Speaker 3: Well, yeah, we can jump into one of our stories

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right now, Ben. The one that's really hit is Damon Wilson.

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And the story here is he played at the University

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of Georgia, really good ed rusher. He played in twenty

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three and twenty four, and at the end of twenty

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twenty four he, you know it's disputed, reached an NIL

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deal with Georgia that said would pay him three hundred

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and ninety grand over thirteen months. Well that was in

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December of twenty four. Come January twenty five, he says,

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I'm out of here. I'm going to Missouri. And so

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he went to Missouri, had a pretty good year, and

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here a few weeks ago, University of Georgia they sued him,

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and this is this is kind of a first of

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its kind. There's been a few close to this. But

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they sued him and basically they claimed, you breached our contract.

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And here's where it gets interesting. Ben, they'd only paid

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him thirty thousand dollars. So most people are looking like, well,

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wait a minute, Georgia, thirty thousand dollars, what's really your damage?

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Does he oh, you thirty thousand dollars? Okay?

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Speaker 2: No.

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Speaker 3: They claimed that there was a liquid dated damage portion

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of his contract that basically said, if you breached the contract.

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I mean, people put this in contracts for both sides.

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If you breach this, there's a liquidated damage. And there's some,

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you know, some speculation that it was one point two million,

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so you know, almost four times what his contract was,

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three four times of contract. So they sued him over this,

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and the thing we're talking about today is now he

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has countersued him, countersued Georgia, and they're coming after him hard.

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And basically, what his attorney is saying is that they're

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claiming that there was really never any agreement. They claimed

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that there was a term sheet signed, and the term

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sheet basically said there will be a legal document later

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and you can go get a lawyer to review this.

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And that was never the term sheet was never into

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They claimed that Georgia then they failed to enter his

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name in the portal transfer and by doing so they

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they prevented him from getting nil dills. They claiming, they're

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claiming business interference. They're also claiming defamation that by you know,

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basically suing him and going out there and saying, hey,

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this guy's dishonest, he breached the contract, he owes us money,

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you know, and so they're coming after Georgia hard. They're

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basically his attorney said, hey, Georgia appears intent on making

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an example of someone. They just picked the wrong person.

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Damon never ended into a contract with them. I don't

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see how Georgia thinks intimidation and litigation will help their

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recruitment efforts. So that's what's going on there. And Garrett

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mentioned a couple, the couple that kind of you know,

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came up to the line here. The Tennessee quarterback. I

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won't even try and say his name. He had like

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a twelve million no, he had a big deal with Tennessee,

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had a good year and he said he said Nico

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said I'm out of here, and Tennessee said, we're not

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letting you out of this. You know, we're not gonna,

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you know, bend to your more demands, and so he

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left and went to UCLA and reportedly didn't get as

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much there. The other one was this University of Florida quarterback,

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which was on the other side of it. He sued

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University of Florida, claiming that his NIL deals had not

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been paid. So there haven't been all these ones where

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a university has actually gone after a player. And that's

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what we're seeing now, and that's maybe what we'll see

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with you Dub, you know, going after you know, the

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what's his name, Damon, I don't know, Williams, come on,

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come on. So that's it.

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Speaker 2: Yeah, crazy times, guys.

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Speaker 1: Uh.

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Speaker 2: Any prognostication about this particular U DUB situation, like what

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what what could play out here? Do you think and

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what judgments will it go to court? Do you think?

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Speaker 3: Well?

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Speaker 4: I think we're definitely going to see a lawsuit. I

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don't know that it'll go to court, but I mean,

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my guess is he's going to get to go he's

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going to get out of it. I think what we've

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seen is schools are just I don't think I think

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athletes have the upper hand right now with anti trust law,

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and it's a little up in the air and things

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are not settled, and I that's my sense.

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Speaker 2: Anyway, crazy times in the college football world. Let's check

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in on Riverside Church, a sexual abuse trial to begin

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in this week. What's going on here.

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Speaker 3: Well, here's how this gets into sports court. Ben Riverside

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Church was a kind of a groundbreaking They sponsored an

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all star basketball team back in the seventies in the

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early eighties, where they brought in players and you know,

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gave him you know, tuition to you know, good prep schools,

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They gave him equipment, they gave him gear. They traveled

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all around the country. This was way before comp leagues

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going on, you know where there's multi you know players

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going around to comp leagues. It was kind of even

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before AAU, which was you know, even pioneering. Then. Well,

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a guy named Darryl Powell played for him back in

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the seventy eighties. Started when he was thirteen, and at

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the time there was a gentleman, a prominent multi millionaire

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New York lawyer named Ernest Lorch, and he was the

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coach of the Riverside basketball team. He was part of

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the president of the board of trustees Riverside Church, and

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he allegedly was a big times sexual abuser too. So

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Darryl Powell has sued not Ernest Lorisch, but he sued

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Riverside Church and the claim his legal claim is essentially that, Hey,

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Riverside Church, this guy was an authorized agent of you,

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and he was acting under your supervision. You failed to

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properly supervise, You failed to protect the players, namely him,

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and therefore you're responsible for his acts. Well, they don't

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dispute that the abuse happened. There was a widespread and

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this is kind of a test case. There's several other cases.

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And understand, these are players that are in their mid

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sixties now that played back in the seventies and they're

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bringing these lawsuits now. And what allows them to bring

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these lawsuits is interesting. We all know about the statue's limitations,

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but there's a act called the New York State Child

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Victims Act, which allows alleged victims of sexual abuse to

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bring these claims years later and not be hit with

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a statute of limitations. Well, this thing's getting ready to

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go to trial. The main issue is did they have

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a duty of supervice and did they know or should

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they have known what was going on? And the Riverside Church,

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I mean, this is a potentially a bomb and they

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are they're fighting this and they've gone to trial before that.

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They are finally what's called motions of lemony. That's where

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you go to the judge and say, he, judge, there's

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certain evidence that we don't think should come in. And

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the kind of the standard is not to geek out

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is they're saying this evidence is more prejudicial than it

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is having probative value, letting the jury hear things that's probative.

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Some of the things that they're trying to keep out

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are they're saying he shouldn't be able to bring claims

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of abuse that happened after he turned eighteen because he

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was an age of majority. They're also saying that they

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shouldn't be able to bring in evidence that kind of

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large majority of some of these alleged victims were African American.

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They're saying there was racial disparity there. They're also claiming

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all these things. They're saying you shouldn't be able to

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bring in what they call the golden rule, meaning to

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the jurors, Hey, if this happened to you, what would

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you award. Another one is they said that you shouldn't

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be able to bring in issues of public safety, and

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these are safety concerns and all kinds of things. So

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we don't know how the judges ruled on that. This

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is kind of a test case. We'll see what happens

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with it. It's going to go to trial next week.

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There's been no talk of settlement. It's kind of surprising,

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you know, claims of someone that's sixty in his mid sixties.

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You know, he's claiming years of you know, emutional emotional

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abuse or emotional distress and emotional issues, mental health issues

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stemming from this. He actually went to Maris College and

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played and dropped out, claiming that that was the reason

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he dropped out. So it's kind of a powder keg.

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We'll see what happens. I'm sure we'll talk about the

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results of it here on Sports Court.

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Speaker 2: Another k here, Scott Tyler Skagg's family reaches a settlement

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with the Angels during deliberation wrongful death case. We've discussed

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this in the past. Now it seems like it's been settled.

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Give us an update.

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Speaker 4: Yeah, you're right, we've talked about it, but it is

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finally settled and done, and that settled right before the

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jury was about to issue a verdict. And so that's

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what's kind of interesting about it. I mean, this case

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went on for five years, and the trial itself was

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into it I think about nine weeks at the time.

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And so again just really quick background on this. Tyler

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Scaggs was a picture with the Angels and had a

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drug abuse problem. And what ended up coming out was

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an Angel's employee who was a communications director of some sort,

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had supplied the sentinel laced opioid to Tyler Scaggs, which

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ultimately he overdosed and died. And so this Eric Kaye

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that was his name, the employee. He's serving a federal

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prison sentence over this drug charge. But the family of

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Tyler Skaggs has brought a wrongful death lawsuit against the

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Angels organization saying again, hey, you guys knew, or you

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know you knew about Tyler's drug problem and and you

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knew apparently or should have known that this employee was

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essentially the drug dealer, and so you guys have responsibility

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in this. And so anyway, very contentious case. Like I said,

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it has been stretched out for years and years. But

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what ended up I think breaking the scene open and

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leading towards the settlement is you know, jurors, while they're deliberating,

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if they have questions about the law, they can you know,

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come out and uh, you know, that question gets presented

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to the judge, and the judge can kind of clear

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up you know, what the what the law is for

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them on how they're you know, the ground rules for

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making their decisions. And one of the questions they had

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was about Skag's future earnings. The other question they had

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was about punitive damages. And I think what happened is

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the angels realized they saw the writing on the wall

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and thought, hey, we might be about to get hit

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with a big verdict. Let's work. Let's see if we

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can work out a deal. And they did. And sure enough,

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after you know, post post subtlement and and and the

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jury being released, they you know, you can talk to

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those jurors, and the jurors indicated that they they were

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going to award it sounds like ten millions of dollars

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to the plaintiffs in this case. So the the case

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that's done now and it's it's all settled.

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Speaker 2: Yeah, I hate Uh. I mean, look opioids and and

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and things of addictive nature. Man, they are they are devastating.

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And uh, I'm glad this is settled.

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Speaker 3: Uh.

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Speaker 2: We've talked about Damon Wilson and the Demon Williams situation.

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Let's move on to Diego Pavia versus the nc doub A.

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Pavia seeks order preventing NCUAA from in twenty eligibility role.

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Speaker 3: Uh.

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Speaker 2: This has been a bit of a controversial thing in

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the h in the college football world over the last year.

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Can juco players get that extra year or two of

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eligibility doesn't count against their eligibility when they're playing nj

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C Double A football?

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Speaker 4: Give us an update? Yeah, those those are the issues.

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And of course Diego Pavia was the the initial guy

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who got another year, right, He got the temporary restraining

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order a year ago which allowed him to play last season,

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and now it looks like he wants yet another year.

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The guy he came in second in the Heisman voting,

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of course, but as far as his draft prospects go,

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it looks like he's probably a late round pick and

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so I you know, he's indicated that he is, you know,

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headed for the draft. But what he's doing here and

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there's several other plaineffs as well, and he's kind of

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taking the lead. He's got the big name in this.

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But it just like you said, Ben, I mean, this

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comes down to when does your D one eligibility clock

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start to run and is it going to count these

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JUCO years that you play or not. And of course

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Papa is arguing that no, those JUCO years shouldn't come

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into play at all. These aren't you know, those aren't

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governed by NCAA rules. Why should my years at a

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JUCO count? But I mean he's twenty three years old

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and at some point you've graduated from college and moving on.

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But they want another year and these are all antitrust arguments.

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That's there lying legal argument that they're making, right, is

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that they've got an ability to compete in the marketplace

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for their nil and that they should get another year

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to do it. So again, it's a little more of

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the same that we've been seeing, but it's it's still

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just continually being a moving target on this issue.

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Speaker 2: What are some of the legal sports stories to watch

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in twenty twenty six gentlemen.

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Speaker 3: Well, go away, diego, Pavi is my Well, we're not

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going to talk about in twenty twenty six, so we're

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just going to rapid fire these. I'll go first and

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then Garrett. The first one is that we're going to

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look out for is, you know, Major League Baseball and

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then Players Association are coming to the end of their

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collected bargaining agreement and it doesn't look like the sides

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are you know, they're already talking about it doesn't look

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like they're anywhere close to getting a deal, and they

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need to get a deal done pretty soon or what

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Potentially one of the big issue is there the Major

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League Baseball is pushing for a salary cap and they've

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never had a salary cap. The NBA has it, the

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NFL has it, and it's all we talked about, you know, hey,

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major League Baseball players. I mean, look what they're playing,

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show paying show hey Otani, you know, and and it

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allows some of the big teams to be able to

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really pay players, you know, the teams with all the

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money in the big markets. So there's obviously the players

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do not want a salary cap, and so that'll be

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a big issue. The question is will they get into

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a lockout, will that result in litigation? Wait and see?

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Speaker 2: All right, gentlemen, Well that's the verdict on today's Sports Court,

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brought to you by Handy Law Utah dot Com. Handy

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00:17:44,279 --> 00:17:47,039
and Handy gentlemen. You guys love talking sports and law,

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00:17:47,359 --> 00:17:51,160
but you guys do something better than that, and that's

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representing your injured individuals that have had serious injuries that

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need representation. Tell us how they can get a hold

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of you. I stahould call.

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Speaker 4: You, Well, you can, you can reach us, somebody, just

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give us a call at our office, prester myself. We'd

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love to talk about your legal questions, like you said, Ben,

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especially in the area personal injury. That's what we do.

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We think we do best. You can reach this at

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or go to our website Handy Law Utah dot com.

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Speaker 2: That's Handy Law Utah dot com eight O one sixty

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four sixty six seventy seven for a free consultation. Uh.

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And they're gonna take care of you. They've been taking

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care of people for over forty five years now. Contact

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Handy and Handy Handy Law Utah dot com. Gentlemen. Thanks,

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00:18:33,920 --> 00:18:34,240
so much.

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Speaker 3: Hey, thanks Ben, take care all right.

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Speaker 2: We'll catch up with again next week. That was Handy

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00:18:40,559 --> 00:18:43,079
Law Utah dot Com Garrett and President Handy. And that's

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our show, guys. We're gonna be handing the mics over

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to Utah Valley University and uh they got a great game.

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They got a big game coming up here. Uh so

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stay tuned for the pregame. Big Cougarote everyone that joined us,

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