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little sports Court? One of my favorite segments. Uh, it's uh,
it's a great day for some sports court.
Speaker 3: Uh.
Speaker 4: It's it's time to play little judge and jury. What's
the verdict on the biggest headlines in sports and law today?
It's top for a little sports court brought to you
by Handy and Handy, Big firm experience, Small firm Attention.
Each week, we break down the real life legal dramas,
intersecting with your favorite athletes, teams, leagues, et cetera, contract
disputes and iokas, sideline scandals and courtroom battles. We're diving
deep with Utah's most trusted injury attorneys. We got Garrett,
we got pressed in Handy online and gentlemen, how you
guys doing today?
Speaker 3: Hey?
Speaker 2: Ben doing well?
Speaker 5: How you doing?
Speaker 4: I'd Ben, I'm living the dream talking ball now to
get to talk a little sports in love with you guys.
Speaker 1: Let's fire it up right now.
Speaker 4: Hey, what's the latest on the Parker Kingston scenario? What
do we got cooking with Parker Kingston? According to your knowledge?
Speaker 5: Yeah, there's three new things. The one that we know
about he was dismissed from from the school, expelled from
the school, and kicked off the football team. But two
things have happened. All hit on one and Garret can
hit on the other. When this happened. When this came
out a few weeks ago in mid February, we learned
that the allegations the incident was February of twenty twenty five,
a year before. So a few of the questions that
came out were were, why did it take so long
for this to happen? And we delved into that, and
you know, I think they were doing their investigation to
make sure they had probable cause before they could send
the information to the to the prosecuted attorney. But the
other question that came up ben over and over was hey,
when did BYU know about this? You know, because Parker
Kingston played a full season you know between this time
of the allegations and between the time he was arrested. Well,
we've learned now that as part of the Saint George
Police investigation, they involved the BYU Police Department and for
the specific purpose of getting a warrant out to access
Parker Kingston's telephone, and they got it and they gave
it to the Saint George Police. Well, people are going, well,
is that all that happened? Well, apparently BYU Police Department
complied with all of the requirements the local law Title
nine and everything. They followed the proper protocols and did
not need to report this beyond that because there was
an ongoing investigation in another city, and they followed everything
they should have. So ultimately it's came out that BYU administration,
the BAU football team, the coaches, they learned about it
kind of when we learned about it. When Parker Kingston
was arrested.
Speaker 4: Yeah, there was a lot of hullabaloo, a lot of
angry individuals saying, how is it that Parker Kingston was
able to play football for a season if this, you know,
alleged rape. This alleged that only occurred back in February
of twenty twenty five, So that gives a little bit
more clarity as to why that would have happened exactly.
Speaker 5: And then you know, by all reports, the BYA police
department had limited involvement, but they complied everything they need
to do.
Speaker 4: What would be the next steps then with with Parker,
it looks like, you know, some of the nuggets that
dropped today out and yesterday, some of these reports, it
looks like that is a hearing going to be moved up.
Why would why would the defense want that maybe expedited
or accelerated in some way moving that.
Speaker 1: Those dates up?
Speaker 6: Well, yeah, that's right, Yeah, Parker Kingston's attorney did get
that moved up. It was originally scheduled for April thirteenth,
and now it's March twenty third. This is called the
preliminary hearing. And what's going to happen at that preliminary
hearing is this is when the prosecutors are going to
have to present what evidence they have to show that
they have probable cause to believe that he committed these
crimes that he's been charged with. And so that will
be interesting. We could learn some new facts that haven't
been reported yet. It's possible that the victim could defy
at this hearing. And so again, depending on that and
and the findings of the court, I'm sure I suspect
he'd be he'll be bound over for trial and and
that'll be the next step. But the preliminary hearing, that
that is a you know, just keeping this case moving forward.
Speaker 1: So just moving it up.
Speaker 4: Though, what would be the purpose of moving it up
rather than just letting it sit where it was?
Speaker 1: I guess.
Speaker 6: Well, I I think that there could just be an
interest in getting some resolution on this for Parker. That
could be the defense showing Hay, we're confident in our defense.
Let's show us what you got.
Speaker 1: Yeah, show show us your cards, right. Uh, that's interesting.
Speaker 4: It says the alleged victim may testify. Are there advantages
disadvantages for maybe the the prosecution and and and allowing
her to testify? Like, what would be the pros the
cause the advantage of disadvantages here as.
Speaker 1: You see it?
Speaker 6: Well, well, some of that's just the willingness of the
victim to go through that. And if they want to
do that. The prosecutor had said they hadn't made a
decision yet one whether they would do that. I mean,
the other question is if is it really necessary right
to meet the burden that they need to show on
probable cause? I mean, they may not need her testimony
in order to show get over this hurdle and may
not want to play all their cards at this point.
Speaker 5: I think that's it been. This isn't a matter of
proving his guilt or you know, his innocence. It's you know,
the burden is on the prosecution. It's just about do
they meet the necessary burden of probable cause for the
judge to hold it over for trial.
Speaker 1: And what would that mean? What's the burden of proof?
Speaker 4: What's that evidentiary threshold that would need to be met
in order to go to trial.
Speaker 5: Well, I think it's the probable cause. I mean, there
are standards of probable cause.
Speaker 1: You know.
Speaker 5: First it went through the police. They they sent the
information to the prosecuting attorney. The prosecuting attorney looked into
the evidence and said, we believe we have probable cause
to issue an arrest and you know, and charge Parker Kingston. Now,
I think Garrett's right. I think there might be more
evidence that they'll present to the judge, you know, to
bolster their claim of probable cause. It's just a standard
of probable cause. Can I define it? I don't think so.
Speaker 4: It sounds like the attorney also raised his defense attorney
racal questions about security following a previous hearing. The judge
said the court will take steps to address security into
korum for future proceedings. Anything there that we're aware of
as far as like why an increase in security would
be needed.
Speaker 6: Yeah, not totally sure. I mean, obviously there's a lot
of public interest, a lot of media interests, and so
you know, I'm not exactly sure what the concerns with
the attorney had, but something that's been discussed with the court.
Speaker 4: Let's move over to another topic here. Call She has
been a topic of concern for many. It's a platform
in which you can bet just about on anything. So
betting on a fight in Utah local call She betting
on a fight in Utah wants a judge to tell
state leaders they can't control prediction markets. Prediction market is
issuing the state of Utah over plans a lot of
stoff and regulate props betting in Utah.
Speaker 1: Give us some details on this.
Speaker 5: Yeah, you said an important word. They're betting and we'll
get into that in a minute. This grows out of
house built two forty three that aims to regulate prop betting.
Prop betting, we know, is like where you can bet
on you know, will a pitcher throw a strike or
a ball? How many assists in a quarter? Will the
player make a free throw? You can bet on anything.
And so prop betting is really really popular out there
and people are making and losing a lot of money
on it. So Utah is starting to get a law
and so call She Call she ex is a prediction
market app. I don't know totally what a prediction market
app is and what prediction market is. I'll read a
few things, but they got ahead of this and there
filed a lawsuit to try and block this law from
going into place. And what call she comes in is
they operate a federally regulated exchange where users trade contracts
tied to real world outcomes commonly knowsed prediction markets, and
that's for anything that's like for commodity trading, stuff like that.
And they claim that Congress law has already given Commodity
Future Trading Commission not to the States, but exclusive jurisdiction
over trading to the CFTC to regulate these exchanging and
they're saying that now you talk him in here, trying
to enforce gambling laws would undermine the federal framework. So
the question is is commodity commodity trading and prediction markets
is that gambling. Well, Utah has fought back and they've
come back and said, hey, no, we think that this
is gambling, and we think predict prediction market functions functions
as a gambling and it violates state law. There's been
some back and forth with Governor Cox and people with
the CFTC about this, and really that's the issue. So
I think the issue is going to come down to
a couple of things. Is this in fact gambling and
or is it just commodity training predictions of commodity trading
which also involves this prediction market of prop bets. And
can the states regulate this because you know, the Feds
are saying what call she's saying is no, this is
already a law the federal you know, there's federal agency
that manages this and overlooks it, and we'll protect people
from it, you know. And I think the state's saying, no,
it's not enough protection. This stuff is dangerous, So that'll.
Speaker 1: Be the issue interesting times.
Speaker 4: You know, I'm not a gambling man, and when you
can allow people to gamble on.
Speaker 1: Everything, I don't know if that's good for the human race.
Quite honestly.
Speaker 4: I know everybody likes to do it, and it's fun.
It's gamified now and it's readily available.
Speaker 1: I don't know if this is a good thing for
the human race.
Speaker 6: Yeah, well, Preston was talking. I just got on and
I placed to bet that Timothy Chalmay is gonna win
Best Actor for Oscar.
Speaker 5: Oh yeah, when is the Oscars? Is that tonight?
Speaker 1: That's what I'm saying, Like you bet on anything, It's insane, man,
it really is.
Speaker 4: It's pretty crazy. But let's move on. This one's interesting.
This is a big twelve some big twelve news here.
Cincinnati is suing ex quarterback Brendan Soarsby who took his
talents to Tech Texas Tech for one million buyout after
he transferred.
Speaker 1: What is going on here?
Speaker 6: That's exactly right. It's a million dollar buyout closet he
had with Cincinnati essentially liquidated damages. Right, It's like, hey,
if you leave before the end of this contract, you're
gonna pay a million dollars. He was contracted to play
next fall, he would have been at Cincinnati instead. And
again speaking of stock prices and bets, and it went
right up right, He had a great season and and
so signed a big deal with Texas Tech, and so
as part of that, and and again it was a
very transparent transfer, right, I mean, the school was well aware,
got in, you know, entered the portal, understood that he
was going to leave the school. They were in contact.
And but this buyout clause. At this point, it looks
like he's saying, hey, I'm not going to pay it.
And so Cincinnati is gonna they want to go ahead
and enforce this, and and I'm sure there's you know,
there's a lot of ideas here on wanting to set
some kind of precedent around this issue while it has
been such a moving target for such a long time.
One of the things that I think is a little
interesting in this is there is a College Sports Commission
guideline that says the school that has taken the player,
in this case Texas Tech, that they would cover the
any buyout under their twenty point five million dollar you know,
house settlement revenue sharing cap. So, you know, did Texas
Tech know about this buyout and was this part of
their negotiation with Brendan Sorosby where they told him, Hey, Brendan,
you know, come to Texas Tech and if there's an
issue with that buyout, you know, we'll take care of
it for you. Don't worry about it. But the contract
that Cincinnati has is with Brendan Sorsby, and so that's
why they've suit him.
Speaker 5: But it may come out of the money we promised you.
Speaker 1: Sorry, Brandon, Yeah, yeah, exactly. Man drama in the Big twelve. Man,
It doesn't.
Speaker 4: It doesn't always happen that way, where like guys are
transferring within a conference. I feel like like the The
more common theme is like transferring out of the conference
to a new conference. You know, maybe it's the Big
twelve to the SEC, the Big ten to the SEC,
and vice versa, et cetera. So, uh, maybe this one's
a little bit more personal. As Cincinnati's quarterback printed so
as he went to Tech and I'd have to pull
this one.
Speaker 1: What I like this one?
Speaker 5: I like I like schools putting in exit fees or
you know, a biole clause. I like it. I mean
there's got to be, you know, something in there. This
is different than the duke guy who said I'm going
to Miami and they filed the preluminant in junction, said
you can't enter the transfer portal. They just wanted to
keep him. But here Cincinnati knew they lost him. You're gone. Okay,
well guess what. Remember how you contracted with us, and
there's just a liquidated damages clause here and that's all
we want. We want you to do abide by the contract.
I like it. I think you're gonna see stuff like
this in a lot of the contracts.
Speaker 4: Well, the other component of this is Cincinnati and Texas
Tech play each other next year, so they're on the schedule.
Speaker 1: It used to be like where like they.
Speaker 4: Would put stipulations on scholarships and transfers, right, which was
illegal for them to operate under this NCUBA. And also
the universities in collusion with the NCUBA. I mean, they
were essentially saying, you can't transfer to these schools.
Speaker 1: Well, a lot will release you.
Speaker 4: You can transfer, right, what have you, But you can't
go to these schools, and they would limit like competitive transfers.
But you know, Cincinnati and Texas Tech play each other
October twenty fourth, and it's at Cincinnati.
Speaker 1: Drama.
Speaker 5: He's gonna be looking across that defensive line. Guys are
gonna have fire in their eyes.
Speaker 4: Yeah, you wonder, you wonder. Let's move on, gentlemen. Bill
Russell's widow is suing issuing be our daughter for breach
of contract.
Speaker 1: What do we have here?
Speaker 4: Yeah.
Speaker 5: So, the late great Bill Russell died in twenty twenty
two at the age of eighty eight, and he left
behind a widow and some children, and the widow was
not the mother of the children. So this kind of
grows out of an incident, a dispute that happened back
in twenty fifteen. The children sued his at the time wife,
claiming that he was not of sound mind and that
she was taking advantage of a vulnerable adult. Well, they
hired some medical professionals at that time that came in
and made a determination that he was of sound mind
and specifically that he was making his own decisions at
that time. Well, they settled that case and as part
of it, the children got five hundred thousand dollars, and
there was also a non disclosure agreement the terms of
it and a non disparagement agreement. Well that's where this
comes into play. Here we are today and Karen Russell,
who's kind of the most visible of the children, she
told the Boston Globe that hey, all time, my dad
had well known cognitive issues. And so Janine, the surviving widow,
she comes out and says, hey, those claims are not
true and we're not substantiated by any proceeding. She said,
Bill was cleared by medical professionals, and she says, I
can no longer stay silent while my husband's incredible and
unique legacy is tarnished. So you know, she's suing Karen,
not the other children, for breach of contracts, saying we
had an agreement and part of the agreement, there's no disparagement.
And now you've done that, so I don't know what
the terms are like if you reach that agreement. First
she has to prove that it was a contract, you know,
and they'll dig into the terms event and those terms
might become public. But then what the you know, A
lot of times you'll set forth a remedy if you
breach this, and I prove you breach it, there will
be penalties or maybe it's a liquidating thing you get
money for it. I don't know. So that's the basis
of this lawsuit.
Speaker 4: All the suings, all the breaching of the contracts.
Speaker 1: Last update, UVU versus Whack.
Speaker 4: Judge is granting maybe a preliminary injunction orders Whack to
reinstate broadcast rights and allow postseason play.
Speaker 1: What's going on with the Wolverines.
Speaker 6: Yeah, good news for the Wolverines, right because things were
up in the air with the Whack essentially holding over
UVU's head over their contractual dispute about UVU leaving the conference.
And so again we're going to talk about another million
dollar essentially buyout or fee that UVU would pay to
leave the conference. As they've indicated their leaving and has
also said we're not going to pay the million dollar buyout.
We don't think it's owed because we think the Whack
is precist contract. So there's a contractual issue right going on.
There's a lawsuit, and in the meantime, the Whack has said, well,
it just to really punish UVU, we're going to hold
you guys out of any postseason play and not broadcasts
your games. And so UVU had to get to court
quick here in the state of Utah, and they filed
a temporary restraining order in preliminary injunction. And what they
want to do is essentially say, hey, we've got a
legitimate dispute here about this contract and the million dollar buyout,
but we want to basically preserve the status quote kind
of put things on hold during this litigation. That's going
to take a while because in the meantime, and this
is urgent post seasons upon us right, we need to
know if they're going to be able to do that.
And so the judge heard evidency. These things happened pretty quickly,
and the court did find that they granted the granted
it of course, and did find that that UVUS likely
to prevail on their underlying lawsuit, which is a big
finding in this. The court doesn't have to, you know,
say that. But the other thing they found is that
there would be irreparable harm, right, I mean, you got
one chance potentially to play in a conference tournament, and
if that disappears, it's gone. So they said, hey, yeah,
we're gonna enforce this. And then the last thing, the
court did find that the damage to UVU would outweigh
the damage to the Whack in granting the preliminary order
or primary conjunction. So yeah, here you go. It's it's
good news the case, the underlying case over the million
dollars and leading the whack that's still ongoing.
Speaker 4: One million dollars the dollar dollar. Yes indeed, yes, indeed, guys,
love and appreciate you always love delving into all of
this sports and law conversation real quick though. You guys
are fantastic at talking about all these lawsuits, all of
the the nil chaos, the transfer portal, the the felonies.
Speaker 1: Et cetera.
Speaker 4: But let's talk about injuries and why everyone should be
calling handy law Utah handy and handy when they do
get injured at work, if they're in an auto accident,
if they are running and somehow they get injured in
their neighborhood, how do they get a hold of you?
Speaker 1: Why should they call you?
Speaker 5: Yeah, not so great at talking about callshe and prediction markets.
But we specialize in personal injury cases. We're good at that.
We've been doing a long time. We help people that
have been involved in all kinds of accidents where they've
it's not their fault, they've suffered injury and damages. We
take them through the legal and insurance claim process, make
sure they get compensated. We feel like we give them
personal service. They get a chance to talk to me
and Garrett, and we work with them regularly and update
them on their case. And we take our experience and
our personal touches what sets us apart. We'd love to
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submit your questions.
Speaker 4: Gentlemen, we salute you, We appreciate you. Thanks so much
for hopping on today.
Speaker 6: Thanks Ben, appreciate it.
Speaker 5: Thanks there.
Speaker 4: Garrett, President Handy Handy Law Utah handy in handy eight
oh one.
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