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Speaker 1: Of Utah dot com.

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Speaker 2: You're tuned to Cougar Sports on ko v O probo

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Speaker 1: Each time to.

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Speaker 3: Check in with Preston and Garrett. Handy of Handy and

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Handy for sports court. Handy and Handy are your accident

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and personal injury attorneys ready to assist with any related

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questions you may have. Visit them online at Handy Law

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Utah dot Com. Big Firm Experience, Small firm Attention.

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Speaker 4: Welcome bank Youugar Sports one of three, nine ninety eight

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point three ESPN The ban I've been fruital broadcasting from

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our band Orwell Studios Banderwell dot com. Get on a

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free q and a no obligation to invest QNA with

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our text more Wealth Advisor, Certify Financial Planners. Nobody does

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it better than band or Wealth. Did you stop a

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little sports Court? One of my favorite segments. Uh, it's uh,

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it's a great day for some sports court.

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Speaker 3: Uh.

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Speaker 4: It's it's time to play little judge and jury. What's

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the verdict on the biggest headlines in sports and law today?

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It's top for a little sports court brought to you

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by Handy and Handy, Big firm experience, Small firm Attention.

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Each week, we break down the real life legal dramas,

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intersecting with your favorite athletes, teams, leagues, et cetera, contract

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disputes and iokas, sideline scandals and courtroom battles. We're diving

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

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we got pressed in Handy online and gentlemen, how you

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guys doing today?

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Speaker 3: Hey?

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Speaker 2: Ben doing well?

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Speaker 5: How you doing?

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Speaker 4: I'd Ben, I'm living the dream talking ball now to

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get to talk a little sports in love with you guys.

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Speaker 1: Let's fire it up right now.

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Speaker 4: Hey, what's the latest on the Parker Kingston scenario? What

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do we got cooking with Parker Kingston? According to your knowledge?

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Speaker 5: Yeah, there's three new things. The one that we know

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about he was dismissed from from the school, expelled from

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the school, and kicked off the football team. But two

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things have happened. All hit on one and Garret can

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hit on the other. When this happened. When this came

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out a few weeks ago in mid February, we learned

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that the allegations the incident was February of twenty twenty five,

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a year before. So a few of the questions that

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came out were were, why did it take so long

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for this to happen? And we delved into that, and

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you know, I think they were doing their investigation to

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make sure they had probable cause before they could send

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the information to the to the prosecuted attorney. But the

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other question that came up ben over and over was hey,

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when did BYU know about this? You know, because Parker

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Kingston played a full season you know between this time

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of the allegations and between the time he was arrested. Well,

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we've learned now that as part of the Saint George

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Police investigation, they involved the BYU Police Department and for

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the specific purpose of getting a warrant out to access

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Parker Kingston's telephone, and they got it and they gave

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it to the Saint George Police. Well, people are going, well,

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is that all that happened? Well, apparently BYU Police Department

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complied with all of the requirements the local law Title

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nine and everything. They followed the proper protocols and did

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not need to report this beyond that because there was

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an ongoing investigation in another city, and they followed everything

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they should have. So ultimately it's came out that BYU administration,

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the BAU football team, the coaches, they learned about it

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kind of when we learned about it. When Parker Kingston

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was arrested.

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Speaker 4: Yeah, there was a lot of hullabaloo, a lot of

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angry individuals saying, how is it that Parker Kingston was

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able to play football for a season if this, you know,

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alleged rape. This alleged that only occurred back in February

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of twenty twenty five, So that gives a little bit

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more clarity as to why that would have happened exactly.

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Speaker 5: And then you know, by all reports, the BYA police

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department had limited involvement, but they complied everything they need

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to do.

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Speaker 4: What would be the next steps then with with Parker,

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it looks like, you know, some of the nuggets that

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dropped today out and yesterday, some of these reports, it

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looks like that is a hearing going to be moved up.

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Why would why would the defense want that maybe expedited

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or accelerated in some way moving that.

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Speaker 1: Those dates up?

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Speaker 6: Well, yeah, that's right, Yeah, Parker Kingston's attorney did get

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that moved up. It was originally scheduled for April thirteenth,

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and now it's March twenty third. This is called the

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preliminary hearing. And what's going to happen at that preliminary

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hearing is this is when the prosecutors are going to

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have to present what evidence they have to show that

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they have probable cause to believe that he committed these

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crimes that he's been charged with. And so that will

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be interesting. We could learn some new facts that haven't

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been reported yet. It's possible that the victim could defy

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at this hearing. And so again, depending on that and

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and the findings of the court, I'm sure I suspect

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he'd be he'll be bound over for trial and and

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that'll be the next step. But the preliminary hearing, that

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that is a you know, just keeping this case moving forward.

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Speaker 1: So just moving it up.

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Speaker 4: Though, what would be the purpose of moving it up

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rather than just letting it sit where it was?

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Speaker 1: I guess.

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Speaker 6: Well, I I think that there could just be an

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interest in getting some resolution on this for Parker. That

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could be the defense showing Hay, we're confident in our defense.

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Let's show us what you got.

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Speaker 1: Yeah, show show us your cards, right. Uh, that's interesting.

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Speaker 4: It says the alleged victim may testify. Are there advantages

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disadvantages for maybe the the prosecution and and and allowing

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her to testify? Like, what would be the pros the

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cause the advantage of disadvantages here as.

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Speaker 1: You see it?

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Speaker 6: Well, well, some of that's just the willingness of the

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victim to go through that. And if they want to

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do that. The prosecutor had said they hadn't made a

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decision yet one whether they would do that. I mean,

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the other question is if is it really necessary right

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to meet the burden that they need to show on

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probable cause? I mean, they may not need her testimony

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in order to show get over this hurdle and may

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not want to play all their cards at this point.

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Speaker 5: I think that's it been. This isn't a matter of

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proving his guilt or you know, his innocence. It's you know,

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the burden is on the prosecution. It's just about do

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they meet the necessary burden of probable cause for the

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judge to hold it over for trial.

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Speaker 1: And what would that mean? What's the burden of proof?

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Speaker 4: What's that evidentiary threshold that would need to be met

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in order to go to trial.

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Speaker 5: Well, I think it's the probable cause. I mean, there

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are standards of probable cause.

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Speaker 1: You know.

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Speaker 5: First it went through the police. They they sent the

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information to the prosecuting attorney. The prosecuting attorney looked into

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the evidence and said, we believe we have probable cause

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to issue an arrest and you know, and charge Parker Kingston. Now,

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I think Garrett's right. I think there might be more

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evidence that they'll present to the judge, you know, to

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bolster their claim of probable cause. It's just a standard

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of probable cause. Can I define it? I don't think so.

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Speaker 4: It sounds like the attorney also raised his defense attorney

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racal questions about security following a previous hearing. The judge

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said the court will take steps to address security into

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korum for future proceedings. Anything there that we're aware of

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as far as like why an increase in security would

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be needed.

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Speaker 6: Yeah, not totally sure. I mean, obviously there's a lot

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of public interest, a lot of media interests, and so

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you know, I'm not exactly sure what the concerns with

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the attorney had, but something that's been discussed with the court.

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Speaker 4: Let's move over to another topic here. Call She has

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been a topic of concern for many. It's a platform

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in which you can bet just about on anything. So

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betting on a fight in Utah local call She betting

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on a fight in Utah wants a judge to tell

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state leaders they can't control prediction markets. Prediction market is

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issuing the state of Utah over plans a lot of

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stoff and regulate props betting in Utah.

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Speaker 1: Give us some details on this.

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Speaker 5: Yeah, you said an important word. They're betting and we'll

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get into that in a minute. This grows out of

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house built two forty three that aims to regulate prop betting.

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Prop betting, we know, is like where you can bet

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on you know, will a pitcher throw a strike or

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a ball? How many assists in a quarter? Will the

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player make a free throw? You can bet on anything.

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And so prop betting is really really popular out there

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and people are making and losing a lot of money

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on it. So Utah is starting to get a law

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and so call She Call she ex is a prediction

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market app. I don't know totally what a prediction market

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app is and what prediction market is. I'll read a

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few things, but they got ahead of this and there

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filed a lawsuit to try and block this law from

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going into place. And what call she comes in is

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they operate a federally regulated exchange where users trade contracts

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tied to real world outcomes commonly knowsed prediction markets, and

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that's for anything that's like for commodity trading, stuff like that.

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And they claim that Congress law has already given Commodity

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Future Trading Commission not to the States, but exclusive jurisdiction

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over trading to the CFTC to regulate these exchanging and

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they're saying that now you talk him in here, trying

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to enforce gambling laws would undermine the federal framework. So

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the question is is commodity commodity trading and prediction markets

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is that gambling. Well, Utah has fought back and they've

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come back and said, hey, no, we think that this

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is gambling, and we think predict prediction market functions functions

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as a gambling and it violates state law. There's been

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some back and forth with Governor Cox and people with

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the CFTC about this, and really that's the issue. So

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I think the issue is going to come down to

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a couple of things. Is this in fact gambling and

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or is it just commodity training predictions of commodity trading

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which also involves this prediction market of prop bets. And

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can the states regulate this because you know, the Feds

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are saying what call she's saying is no, this is

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already a law the federal you know, there's federal agency

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that manages this and overlooks it, and we'll protect people

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from it, you know. And I think the state's saying, no,

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it's not enough protection. This stuff is dangerous, So that'll.

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Speaker 1: Be the issue interesting times.

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Speaker 4: You know, I'm not a gambling man, and when you

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can allow people to gamble on.

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Speaker 1: Everything, I don't know if that's good for the human race.

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Quite honestly.

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Speaker 4: I know everybody likes to do it, and it's fun.

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It's gamified now and it's readily available.

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Speaker 1: I don't know if this is a good thing for

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the human race.

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Speaker 6: Yeah, well, Preston was talking. I just got on and

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I placed to bet that Timothy Chalmay is gonna win

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Best Actor for Oscar.

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Speaker 5: Oh yeah, when is the Oscars? Is that tonight?

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Speaker 1: That's what I'm saying, Like you bet on anything, It's insane, man,

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it really is.

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Speaker 4: It's pretty crazy. But let's move on. This one's interesting.

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This is a big twelve some big twelve news here.

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Cincinnati is suing ex quarterback Brendan Soarsby who took his

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talents to Tech Texas Tech for one million buyout after

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he transferred.

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Speaker 1: What is going on here?

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Speaker 6: That's exactly right. It's a million dollar buyout closet he

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had with Cincinnati essentially liquidated damages. Right, It's like, hey,

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if you leave before the end of this contract, you're

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gonna pay a million dollars. He was contracted to play

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next fall, he would have been at Cincinnati instead. And

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again speaking of stock prices and bets, and it went

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right up right, He had a great season and and

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so signed a big deal with Texas Tech, and so

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as part of that, and and again it was a

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very transparent transfer, right, I mean, the school was well aware,

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got in, you know, entered the portal, understood that he

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was going to leave the school. They were in contact.

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And but this buyout clause. At this point, it looks

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like he's saying, hey, I'm not going to pay it.

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And so Cincinnati is gonna they want to go ahead

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and enforce this, and and I'm sure there's you know,

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there's a lot of ideas here on wanting to set

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some kind of precedent around this issue while it has

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been such a moving target for such a long time.

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One of the things that I think is a little

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interesting in this is there is a College Sports Commission

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guideline that says the school that has taken the player,

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in this case Texas Tech, that they would cover the

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any buyout under their twenty point five million dollar you know,

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house settlement revenue sharing cap. So, you know, did Texas

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Tech know about this buyout and was this part of

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their negotiation with Brendan Sorosby where they told him, Hey, Brendan,

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you know, come to Texas Tech and if there's an

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issue with that buyout, you know, we'll take care of

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it for you. Don't worry about it. But the contract

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that Cincinnati has is with Brendan Sorsby, and so that's

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why they've suit him.

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Speaker 5: But it may come out of the money we promised you.

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Speaker 1: Sorry, Brandon, Yeah, yeah, exactly. Man drama in the Big twelve. Man,

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It doesn't.

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Speaker 4: It doesn't always happen that way, where like guys are

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transferring within a conference. I feel like like the The

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more common theme is like transferring out of the conference

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to a new conference. You know, maybe it's the Big

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twelve to the SEC, the Big ten to the SEC,

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and vice versa, et cetera. So, uh, maybe this one's

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a little bit more personal. As Cincinnati's quarterback printed so

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as he went to Tech and I'd have to pull

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this one.

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Speaker 1: What I like this one?

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Speaker 5: I like I like schools putting in exit fees or

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you know, a biole clause. I like it. I mean

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there's got to be, you know, something in there. This

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is different than the duke guy who said I'm going

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to Miami and they filed the preluminant in junction, said

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you can't enter the transfer portal. They just wanted to

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keep him. But here Cincinnati knew they lost him. You're gone. Okay,

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well guess what. Remember how you contracted with us, and

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there's just a liquidated damages clause here and that's all

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we want. We want you to do abide by the contract.

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I like it. I think you're gonna see stuff like

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this in a lot of the contracts.

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Speaker 4: Well, the other component of this is Cincinnati and Texas

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Tech play each other next year, so they're on the schedule.

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Speaker 1: It used to be like where like they.

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Speaker 4: Would put stipulations on scholarships and transfers, right, which was

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illegal for them to operate under this NCUBA. And also

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the universities in collusion with the NCUBA. I mean, they

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were essentially saying, you can't transfer to these schools.

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Speaker 1: Well, a lot will release you.

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Speaker 4: You can transfer, right, what have you, But you can't

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go to these schools, and they would limit like competitive transfers.

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But you know, Cincinnati and Texas Tech play each other

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October twenty fourth, and it's at Cincinnati.

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Speaker 1: Drama.

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Speaker 5: He's gonna be looking across that defensive line. Guys are

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gonna have fire in their eyes.

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Speaker 4: Yeah, you wonder, you wonder. Let's move on, gentlemen. Bill

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Russell's widow is suing issuing be our daughter for breach

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of contract.

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Speaker 1: What do we have here?

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Speaker 4: Yeah.

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Speaker 5: So, the late great Bill Russell died in twenty twenty

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two at the age of eighty eight, and he left

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behind a widow and some children, and the widow was

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not the mother of the children. So this kind of

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grows out of an incident, a dispute that happened back

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in twenty fifteen. The children sued his at the time wife,

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claiming that he was not of sound mind and that

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she was taking advantage of a vulnerable adult. Well, they

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hired some medical professionals at that time that came in

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and made a determination that he was of sound mind

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and specifically that he was making his own decisions at

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that time. Well, they settled that case and as part

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of it, the children got five hundred thousand dollars, and

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there was also a non disclosure agreement the terms of

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it and a non disparagement agreement. Well that's where this

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comes into play. Here we are today and Karen Russell,

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who's kind of the most visible of the children, she

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told the Boston Globe that hey, all time, my dad

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had well known cognitive issues. And so Janine, the surviving widow,

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she comes out and says, hey, those claims are not

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true and we're not substantiated by any proceeding. She said,

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Bill was cleared by medical professionals, and she says, I

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can no longer stay silent while my husband's incredible and

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unique legacy is tarnished. So you know, she's suing Karen,

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not the other children, for breach of contracts, saying we

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had an agreement and part of the agreement, there's no disparagement.

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And now you've done that, so I don't know what

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the terms are like if you reach that agreement. First

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she has to prove that it was a contract, you know,

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and they'll dig into the terms event and those terms

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might become public. But then what the you know, A

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lot of times you'll set forth a remedy if you

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breach this, and I prove you breach it, there will

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be penalties or maybe it's a liquidating thing you get

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money for it. I don't know. So that's the basis

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of this lawsuit.

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Speaker 4: All the suings, all the breaching of the contracts.

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Speaker 1: Last update, UVU versus Whack.

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Speaker 4: Judge is granting maybe a preliminary injunction orders Whack to

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reinstate broadcast rights and allow postseason play.

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Speaker 1: What's going on with the Wolverines.

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Speaker 6: Yeah, good news for the Wolverines, right because things were

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up in the air with the Whack essentially holding over

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UVU's head over their contractual dispute about UVU leaving the conference.

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And so again we're going to talk about another million

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dollar essentially buyout or fee that UVU would pay to

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leave the conference. As they've indicated their leaving and has

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also said we're not going to pay the million dollar buyout.

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We don't think it's owed because we think the Whack

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is precist contract. So there's a contractual issue right going on.

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There's a lawsuit, and in the meantime, the Whack has said, well,

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it just to really punish UVU, we're going to hold

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you guys out of any postseason play and not broadcasts

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your games. And so UVU had to get to court

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quick here in the state of Utah, and they filed

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a temporary restraining order in preliminary injunction. And what they

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want to do is essentially say, hey, we've got a

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legitimate dispute here about this contract and the million dollar buyout,

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but we want to basically preserve the status quote kind

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of put things on hold during this litigation. That's going

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to take a while because in the meantime, and this

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is urgent post seasons upon us right, we need to

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know if they're going to be able to do that.

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And so the judge heard evidency. These things happened pretty quickly,

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and the court did find that they granted the granted

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it of course, and did find that that UVUS likely

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to prevail on their underlying lawsuit, which is a big

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finding in this. The court doesn't have to, you know,

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say that. But the other thing they found is that

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there would be irreparable harm, right, I mean, you got

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one chance potentially to play in a conference tournament, and

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if that disappears, it's gone. So they said, hey, yeah,

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we're gonna enforce this. And then the last thing, the

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court did find that the damage to UVU would outweigh

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the damage to the Whack in granting the preliminary order

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or primary conjunction. So yeah, here you go. It's it's

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good news the case, the underlying case over the million

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dollars and leading the whack that's still ongoing.

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Speaker 4: One million dollars the dollar dollar. Yes indeed, yes, indeed, guys,

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00:20:32,160 --> 00:20:34,839
love and appreciate you always love delving into all of

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00:20:34,880 --> 00:20:40,480
this sports and law conversation real quick though. You guys

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00:20:40,480 --> 00:20:44,279
are fantastic at talking about all these lawsuits, all of

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00:20:44,319 --> 00:20:49,920
the the nil chaos, the transfer portal, the the felonies.

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Speaker 1: Et cetera.

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00:20:49,960 --> 00:20:53,759
Speaker 4: But let's talk about injuries and why everyone should be

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00:20:53,799 --> 00:20:56,680
calling handy law Utah handy and handy when they do

386
00:20:56,720 --> 00:20:59,960
get injured at work, if they're in an auto accident,

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if they are running and somehow they get injured in

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00:21:04,839 --> 00:21:06,960
their neighborhood, how do they get a hold of you?

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00:21:06,960 --> 00:21:07,880
Speaker 1: Why should they call you?

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00:21:09,240 --> 00:21:12,960
Speaker 5: Yeah, not so great at talking about callshe and prediction markets.

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00:21:13,920 --> 00:21:17,559
But we specialize in personal injury cases. We're good at that.

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00:21:17,599 --> 00:21:20,000
We've been doing a long time. We help people that

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have been involved in all kinds of accidents where they've

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it's not their fault, they've suffered injury and damages. We

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take them through the legal and insurance claim process, make

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sure they get compensated. We feel like we give them

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00:21:32,319 --> 00:21:35,720
personal service. They get a chance to talk to me

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00:21:35,799 --> 00:21:38,480
and Garrett, and we work with them regularly and update

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00:21:38,480 --> 00:21:41,039
them on their case. And we take our experience and

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our personal touches what sets us apart. We'd love to

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hear from you at eight zero one two six four

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six six seven seven, or visit our website at handilai

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Utah dot com. You can learn about us there and

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submit your questions.

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00:21:53,759 --> 00:21:56,680
Speaker 4: Gentlemen, we salute you, We appreciate you. Thanks so much

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00:21:56,680 --> 00:21:57,519
for hopping on today.

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00:21:58,799 --> 00:22:00,200
Speaker 6: Thanks Ben, appreciate it.

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00:22:00,319 --> 00:22:00,759
Speaker 5: Thanks there.

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00:22:01,079 --> 00:22:03,799
Speaker 4: Garrett, President Handy Handy Law Utah handy in handy eight

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Speaker 1: Two six four sixty six seven seven.

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Speaker 4: That's eight one two six four sixty six seven seven

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Speaker 4: They're coming to Utah First Credit Union Amphitheater October seventh.

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