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Speaker 1: Uh, We're just trying to check in with Preston and

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Garrett Handy of Handy and Handy for sports Court.

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Speaker 2: Handy and Handy are your accident and personal injury attorneys

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ready to assist with any related questions you may have.

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Visit them online at Handylawutah dot com.

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Speaker 1: Big Firm Experience, Small Firm Attention.

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Speaker 2: Welcome back, Cougar Sports one O three nine ninety eight

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point three ESPN the Fan.

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Speaker 1: I've been crutal broadcasting.

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Speaker 2: From our banter Will Studios Banterwealth dot Com.

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Speaker 1: Get on the free Q and A.

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Speaker 2: No obligations to doing best Q and A with our

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tax more wealth advisors today save money on your taxes

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at the end of the year. The work arm in arm,

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hand in hand with your CPA to make sure you're

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saving money on your taxes. It is time for my

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favorite segment of the show. It's top for a little

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sports Court, brought to you by Handy Law Utah, Handy

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and Handy, Big Firm Experience, Small Firm Attention. It's time

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to play Judge Jerry. What's the verdicon on the biggest

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headlines and sports and law today? A little sport Court action.

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We break down the real life legal drama intersecting your

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favorite athletes, teams, lead e et cetera, contract disputes and

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i okaos, online scandals, you name it, we break it down.

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Courtroom battles and more. And as I mentioned, always brought

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to you by Handy and Handy Handy law utah dot.

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I'm Garrett and Preston Handy on the line. Gentlemen, how

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you guys doing today?

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Speaker 3: Hey? Doing well? Ben? How you doing? Ben?

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Speaker 1: Living your dream?

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Speaker 2: Guys love to break down all the news. Hey man,

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no room for improvement? Is my grandpa? You say, no

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room for improvement? All is well in my world.

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Speaker 3: Man.

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Speaker 2: Just gratitude, just a lot of gratitude for all the blessings.

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Speaker 1: So guys, let's break this down.

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Speaker 2: I'm just glad I'm not in a courtroom right now

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we're being sued for anything.

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Speaker 1: Uh follow up, I have a little follow.

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Speaker 2: Up on the NBA betting scandal, the bombshell that shook

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the basketball we'll shoot the sports world last week.

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Speaker 3: Yeah, we want to talk about this. You know, as

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we know, last week we jumped in on this bombshell

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that Chauncey Phillips was arrested in the part of a

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mafia run a poker scheme, and the other one was

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Terry Rosier and another player were arrested in a bet

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manipulating thing where they had essentially Terry Rozier was sharing

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inside information on players health, who was going to play,

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who wasn't going to play, that affected prop bets. Also,

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there was a situation where Terry Rozier took himself out

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of a game that apparently caught the tension of a lot.

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And so what happened is the Department of Justice, the

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FBI came in and arrested Terry Rozier. That's where we're

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going to focus today. That's the criminal side of the things.

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And as you can guess, Terry Rosier's lawyer came in

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and with the big statement that, oh, how dare he

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how dare they do this? He would never do that.

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Blah blah blah blah blah. That's kind of how they

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respond to it. But you're up against the Department of Justice. Well,

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this caught the attention of Congress, and we're going to

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talk a little bit about the legislative legislative side of

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law things today. Well, sports betting, as we know, has

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become a big deal. You know, you can anybody can

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sports bet with their phone. Well, for a long time

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there was there was some legislation. It was called the

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Professional and Amateur Sports Protection Act, and that was a

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federal act that you know, kind of regulated sports betting. Well,

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that went out of the way in twenty eighteen, and

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they essentially said, hey, let's let states. Let's set states

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deal with how they want to deal with sports betting,

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and most of the states did. Thirty ninited the states

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had legislation in place, and the main thing was, you know,

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sports betting, it's always hey, how does it infect the

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integrity of the game, And there's always thought that, you know,

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betting is going to it invites corruption, especially if it

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gets in involved players or people involved in the game.

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You know, most famously Pete Rose, who bet on baseball.

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But now that things are so loosey goosey and anybody

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can bet on anything. And as we see with the

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allegations on Terry Rozier, congresses come in and they want answers,

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and so they have sent a letter to the NBA,

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the Commerce Department, who kind of oversees these things and

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has authority over professional sports. They want answers, and they said,

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dear mister Silver, we're talking about Adam Silver. They said,

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this is a matter of Congressional concern. The integrative NBA

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games must be trustworthy, free from influence of organized crime

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and gambling relate activity sports betting. Scandals like this lead

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American public to assume that sports are corrupt. So they're

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going to the NBA and say, hey, we need answers.

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One of the things they want is they want documentation

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of the the internal investigation that the NBA did into

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Terry Rozier. We talked about We've talked about this on

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our Sports Court program, where the NBA got caught into

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this with the Johnte Porter and Terry Rozier, and they

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did an internal investigation. They came up with they didn't

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think there was a deal there. And Adam Silver has

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come out and said, well, you know, the Partner of

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Justice has a lot more authority with subpoena power and

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things like that, investigative power to get into this. So

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he says, we're going to just let them do it.

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But Congress, you know, they like to sometimes puff and

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puff and puff and stuff, but you know, they want

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to look out for the public. The perception of this,

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and so they want the documentation, they want to look

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at it, and the question is will there be federal legislation?

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You know, they'll look into this and see if there's

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something that should be handled on the federal level. A

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lot of people think things told just be handled on

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the state level. But it's caught their attention and giving

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them something to do.

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Speaker 2: Right now, Well, I mean, so much craziness here, and

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it just calls into question the integrity of sport. We

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know that betting has been a part of sport for

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a long time.

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Speaker 1: Lit'sten.

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Speaker 2: I mean, I don't want to be disingenuous. I mean,

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like you know, from Pete Rose and others in the past,

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we can go into baseball, football, basketball. I do feel though,

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like you know, football is still very It's less manipulated.

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You know, I love my Mike Gridiron, not to say

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it hasn't happened, but I feel like it'd be really

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hard to uh to manipulate football in the betting schemes, right.

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Speaker 3: Don't I don't know. I mean again, you know we

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know that now that lines and you know, teams being

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favored are so driven by oh you hear that the

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starting quarterbacks out you know, and that will change everything,

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you know, and if someone, if someone has inside information

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in whatever sports it is, it probably can you know,

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affect the line and people betting and all of that. So,

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I don't know. I think that the eruption is the

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chance for corruption is probably widespread.

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Speaker 1: It's everywhere.

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Speaker 3: We haven't heard about one in football, but it's just

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a matter of time till we do. You know, like

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someone deflating footballs and stuff like that. I don't know

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if there were, I don't know if they were bets

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on that. You know, it interesting to know someone that

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caught win that. Oh hey, uh, there might be footballs

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that aren't up to the correct PSI and that's going

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to help somebody And I'm going to bet that way.

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I'm just glabbing on here.

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Speaker 1: I love it.

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Speaker 2: No, I remember that someone, yeah, becomes privy to the

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PSIS of a football and willing to bet heavily in

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favor of the PSI team. Anyways, Brady Gate, if you

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will to flay Gate, Let's move on to.

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Speaker 1: The NCAA real quick. NCAA has been ordered.

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Speaker 2: To pay eighty million to a former football player and

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wife in a concussion lawsuit.

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Speaker 1: What's going on?

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Speaker 2: Here.

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Speaker 4: Yeah, well, we've seen a lot of concussion losses over

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the years, but I mean this one is really jumping

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out of people. Won the size of it, right, eighteen

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million dollars, but two because this involves his name is

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Robert Gaithers and he played for South Carolina State in

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the late seventies. So he's sixty eight years old, and

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so just now bring this bringing this case and this

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this kind of reminds me of basically kind of the

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big tobacco litigation, right where you're saying, hey, you guys

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knew about the harms and you you know, you didn't

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share this information, and it said you allowed us to

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go out and you know, get injured. And that's that's

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what his argument is, is that the NCAA knew about

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the effects of concussions for a long time and they

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didn't share this information and they didn't protect their players.

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So he now has it sounds like pretty severe dementia.

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He's sixty eight years old at this point in his life,

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and filed this case back in twenty nineteen, and you

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can kind of see how slow it can take sometimes,

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but this case went all the way to trial. I mean,

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this is a jury verdict. He was awarded ten million

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dollars and eight million dollars was awarded to his wife

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for what's called loss of consortium. Kind of what she's

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lost in this, in losing a spouse and a partner

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that she now cares for.

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Speaker 3: It sounds like I have.

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Speaker 4: To think that that the you know, the Plaineffs lawyers

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here Gay Theirs lawyers, they must have had some very

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good experts lined up in this case to testify about

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his dementia and essentially that he has CTE. Again, usually

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CTE we've seen as not diagnosed. It's a post mortem

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diagnosis that happens and this you know, this plane if

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he's alive. So they've had to, you know, had good

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experts to be able to come in and say that

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there is a link between the dementia that he has

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today and his football playing days in the late seventies

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with South Carolina State. So it must have been very compelling,

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I think for a jury to hear this, and they

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must have had some again, some compelling evidence that the

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inset of had prior knowledge that about these risks, and

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that these risks went really above and beyond just your

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the regular risks that you associate with playing with football.

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Playing football, Right, we all know that if you play football,

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you know, it's a it's a violent sport and you

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could be injured to you know, break a leg or

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twist an ankle, or blowout in the ear or whatever.

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But the concussion claim is more specific, right that they

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knew about this and didn't tell anybody, and so big

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verdict sending some shockwaves in the insula if they decide

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if they're going to kill this case or not.

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Speaker 2: Yeah, you wonder does this open up a few other

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options for for people that have had concussive blows, fraumatic

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brain injuries, et cetera, to maybe litigate.

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Speaker 3: It.

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Speaker 4: Does it does? And I think it's going to you know,

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bring up an issue for the instead of a to

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decide how they're going to deal with this. Right, we're

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talking potentially thousands and thousands of cases, right, do they

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want to you know, we've seen you know, with the

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in the NFL, right in their concussion lawsuit. You know, uh,

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where they set inside money. They may need to do

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something like that because I think it's pretty could be

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pretty widespread.

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Speaker 2: The liability liabilities liabilities never get caught in the situation

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where you're held accountable with those liabilities. All right, so

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uh more sport court action. Let's get into this uh

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Sun's Mercury minority orders in lawsuit right now. Litigation is

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going to be against Ishbiah and there's going to be

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a counter suing as well.

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Speaker 1: It sounds like in this particular case, give us a

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breakdown here.

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Speaker 3: Yeah, so a couple of minority full disclosure we got

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and I don't want to bore you. This isn't as

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cool as you know, uh betting scandals in that time.

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This is a billionaire minority owners suing suing billionaire owner

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over some you know, kind of mundane stuff if you're

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just looking at it. But this was two minority owners

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who sued Legacy Corporation matt Ishbia back in June and said, hey,

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we want to see the books, you know, and whenever

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you've got partnerships and that type of thing, you know,

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typically everyone there needs to be disclosures. So they said,

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we need to see the books and we want to

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see what's happening here. They that was their one claim,

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and then they also sued matt Ishbia saying claiming that

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he had reached fiduciae duties he failed to disclose certain

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things that he had mismanaged and that he had entered

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into a capitol call where he was trying to dilute

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their ownership. So they have a lot of claims. Well,

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the recent thing that's happened, a couple of things that's

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happened is they have dismissed their portion of the lawsuit

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about the documents. They've seen the books, but they said,

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wait a minute, we're going to go forward with this

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claim against you, you know, your mismanagement. And essentially their

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claim is you're doing everything you can to delude our

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shares well Ishia and they're saying, we think our shares

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are worth a lot more. Well Ishbia has responded. He

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has filed what's called a declaratory judgment. He wants the

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court to come in and say, hey, you know what,

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according to our operating agreement, I have a you know,

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I'm the majority owner here. I had authority to do

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this stuff, to make investments, to have a capital call,

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to do all of this. So we want the court

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to look at that. And you know they've all come

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in there rattling their sabers. You know, the minority owners

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said hey, you can come in here and say you

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want to with declaratory judgment, you're soon us. But in

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the end, really what that issue is here your mismanagement

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and your breach of produciary duty. And so essentially there

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are two claims. Are We've got really savvy business people

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is saying, hey, you're trying to force the value to

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this up, and we think I think you're trying to

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force me to buy you out at amount that is

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far greater than your market value. And they're saying, hey,

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you are pushing the value down, so you can buy

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us out for an amount that's far lower on that

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So this litigation will go. But my guess is ISBA says, hey,

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I don't need to buy you out, but you know,

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there might be a settlement where they do buy them

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out as something that's agreeable to everyone. But you know, again,

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these are just high stakes things. And apparently these two

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minority owners. I thought it was interesting that they were

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part of the prior ownership when Sarbor owned the team,

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and when ISHBA came in and bought it, they maintained

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their ownership.

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Speaker 2: I mean that whole entire Look, I'm from Phoenix, I'm

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in Arizona, and like it's just sad. What's happened with

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the entire organization since Colangelo laughed us. It's been bad.

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It's a it's an age, it's an era by gone,

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and I don't know if we'll ever be the same.

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Let's talk about Alabama's and eighty is having to testify

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in a defamation lawsuit against the New York Times.

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Speaker 1: What's cooking here?

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Speaker 4: Yeah, it's kind of interesting. It grows out of a

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story that came out a couple of years ago. Back then.

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This is twenty twenty three, in March. March Madness in

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Alabama was a number one seed that year, and there

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was a shooting involving an Alabama player and another player

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who was in a car. Anyway, it was kind of

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big news, a tragic story. A woman was killed at

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the scene. And what happened in the aftermath of this

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is where this kind of case comes about. Is the

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New York Times wrote a story about this murder and

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named another Crimson tied Alabama player, Ky Spears, in the

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story at that and said that he was present at

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the time of the shooting. Well, as you can imagine,

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I mean, if you're named in a story like this,

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you know big murder investigation and story. You know, his

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life got blown up for a little while there, you know,

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with text messages and people reaching out to him, and

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and he's saying, hey, wait a minute, this is this

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is totally an accurate information. I was not at the scene.

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I wasn't there. And so early on in this in

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this reporting that took place, he and his father and

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apparently their attorney had reached out to The New York

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Times to get them to correct the story and to

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retract it and correct the fact that he was not there,

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and the Times didn't do that. Eventually they did, but

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nonetheless he's brought Now, so what it's this is is

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a defamation lost it against the New York Times for

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improperly naming him as being, you know, at the scene

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of this crime. And he's arguing again for a defamation

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case that these statements were untrue and that it's it's

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harmed him, it's damaged him right in his life. The

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New York Times is arguing, there's a doctrine of what's

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called substantial truth. They're saying, well, maybe we didn't get

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every single detail correct in this story, but the gist

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of it, right, is true, and Spears was on the team,

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and so really it's a defamation case I mean involves

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this former Alabama basketball player. But you know, with athletes

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being in the news all the time with different incidents,

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you know, sometimes you get kind of a tangential legal

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issue like this one here where it's a defamation lawsuit growing.

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Speaker 3: Out of it.

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Speaker 4: Yeah, so be careful with your reporting, right, I know.

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Speaker 2: No, it's funny because I mean sports radio sometimes we

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get into like ideation mode, right. Any ideation mode is

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where we're like we're pontificating and we're elaborating.

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Speaker 1: We're like what if is it? Could this happen?

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Speaker 2: Or could that is it? You got to be very

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careful during ideation mode. So you don't want to, you know,

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be too declared if this is just a theory. Right,

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But where you go, I don't I don't know where

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you from a urbage standpoint, what's protected language as it

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pertains to you know, defamatory you know, you know defamation cases, right,

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I don't know what would be considered defamation in that

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situation when you're just kind of ideating, is there any

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protective language?

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Speaker 3: Well? Right, and they're and they're not.

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Speaker 4: Yeah, I mean, you know, I mean, the New York

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Times has some some journalists standards they need, like any

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any publisher, right that they need to live up to,

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and they've got to have sources and to be able

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to corroborate this information. And apparently what had happened is

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they had called him to get a to get a

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quote before they published the story. But this player he

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abided by Alabama you know, ad department rules, which was

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no comment. Right, you're not going to comment on this story.

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We don't want it getting involved in this. So he

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says no comment. The Times go ahead, goes ahead and

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publishes their story naming him there at the scene. So,

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I mean, would have been a different story had he

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talked to the reporter and tried to correct that at

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that time and said, hey, I don't you know you're

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barking up the wrong tree. I wasn't there, perhaps right,

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But he went with the school's guidance, which was to

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not comment.

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Speaker 2: That's our sport cord for the day, guys. That's the

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verdict on this week's session. Powered by Handy and Handy

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Handy Law Utah dot Com. Personal attention, proven result of

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proven results, serious sports, serious questions, serious attorneys, guys. What

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makes you guys different than the rest as it pertains

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to injury attorneys.

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Speaker 3: Yeah, Ben, we love coming on here with you and

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doing sports cord interesting stories in the world of sports.

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As you mentioned, we are a personal injury law firm.

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We help people that have been involved in all kinds

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of accents where they've suffered injury and damages in the

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form of medical expenses, lost income, pain and suffering. We

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help them through the legal process, the insurance process make

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sure they get compensated. We've been doing this a lot

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of years, Garrett and I together, and we think kind

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of what we are experience. We've had a lot of

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experience at a big firm and now we have a

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more personalized, small firm where you know, people come in

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and they meet us, they meet us, they talk to us,

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they call us. We make sure that we're available for them,

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you know. We tell them we're the ones handling your case,

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you understand it, and we're the people that will you know,

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you know, And so we think that sets us apart.

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And we think that people that you know, really do

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their research and want this type of personal attention. They

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00:20:36,240 --> 00:20:37,920
give us a call. We'd love to hear from anyone

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out there at eight zero one two six four sixty

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six seven seven, or visit our website at Handilai, Utah

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dot com. You can learn all about us there and

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you can submit your questions and would love to hear

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from you.

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Speaker 2: Call them today, set up an appointment today. If you've

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00:20:51,079 --> 00:20:54,160
been in an accident, free consultation. You don't have to

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pay until they win. Call them today. Eight on one

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two six four six six seven seven. That's eight A

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00:20:59,039 --> 00:21:01,759
one two six four sixty six seven seven gentlemen, Always

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00:21:01,759 --> 00:21:03,200
a pleasure, Thanks for hopping on today.

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Speaker 3: Hey, thanks Ben, Thank you.

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Speaker 2: Always a great time with Preston and Garrett Handy. Appreciate

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them elaborating on all of the drama, the legal drama

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intersecting sports in in this week.

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Speaker 1: So appreciate them. Let's take a brief time out, we'll

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be back.

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Speaker 2: Don't go anywhere and more to get to This is

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Cougar Sports one of three nine ninety eight point three

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ESPN The Fan