Speaker 1: It's time to check in when Preston and Garren Handy
of Handy and Handy for Sports Court. Handy and Handy
are your accident and personal injury attorneys ready to assist
with any related questions you may have. Pleasit them online
at Handy.
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Speaker 1: Big Firm Experience, Small Firm Attention.
Speaker 3: Welcome back into sports one of three nine nine eighty.
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Speaker 2: To it.
Speaker 4: It's time for my favorite segment, one of my favorite segments.
It's a little sports Court action. That's right, it's time
to play judge and jury. What's the verdict on the
biggest headlines at sports and Lodge. Time for Little Sports Court,
brought to you by our good friends at Handy Handy,
Big Firm Experience, Small Firm Attention. Each week we're gonna
be breaking down the real life legal dramas intersecting with
your favorite athletes, teams, leagues, et cetera. From contract disputes
and iokaos, sideline scandals, courtroom battles, you name it. We
delve into it with Utah's most trusted injury attorneys, Garrett
and Preston Handy.
Speaker 3: They're on the line right now. Gentlemen, how are you guys.
Speaker 2: Doing, hey, Ben Daywell, how you doing?
Speaker 3: Living the dream?
Speaker 4: Guys live in the dream dream And Brian Kelly maybe
living the dream if he gets fifty four million dollars
in his buy out. You know, let me fifty four
Let me put my my pinky to my mouth here, guys,
Brian Kelly suing LSU right now too.
Speaker 3: What's going on with this?
Speaker 4: There's a lot of hullaballoo, a lot of ruck is
going on in Louisiana.
Speaker 5: Lots going on. So the background on this, as you know,
about a month ago reported that Brian Kelly down to
the LSU he been.
Speaker 2: Fired, let's just say fired.
Speaker 5: LSU came out with a statement that said LSU Athletics
has made us to separate from Brian Kelly, effective immediately.
Speaker 2: Terms of separation being negotiated, and then they.
Speaker 5: Want to say that basically, ultimately he hadn't reached the
level of success that LSU demands, and it simply did
not materialize, and they made it. The ad says, made
a change after last night's game. Brian Kelly, he responds,
and he confirms. He says, Hey, just send in a
quick note to confirm that I have been terminated and
I'm going to comply with all of the rules of
my contract. I'm going to clean out my office, my locker,
return everything I've got. Well, what was all to talk
for the next few weeks. It was, Wow, he's got
a fifty four million dollar buyout, you know, go sell
the seeds, get on your yacht and go.
Speaker 2: And that was all the talk.
Speaker 5: And there's been several other high profile programs right that
have let their coaches go, Penn State, a few of
the mo others, But seems like a lot of controversy
surrounding LSU and talk about LSU. Well, what's happened is money.
LSU comes out this week and says, wait a minute,
we haven't really terminated Brian Kelly.
Speaker 2: Just yet. We haven't really terminated him.
Speaker 5: And oh, by the way, we think we're gonna fire
him for cause, and that caught the attention of everyone
and especially caught the tension of Brian.
Speaker 2: Kelly and his lawyers.
Speaker 5: So what they did, incidentally, four cause is usually something
in contracts of coaches at you know, pros, colleges, all
kinds of things that's basically a character clause that basically says,
if you do certain things and you do this and
that outside of you know, being a football coach, we
can fire you for cause. And if we fire for cause,
guess what, we're not on the hook for anything. So
don't come at us. I mean, there's been a lot
of these around the country. Most notably there was, you know,
the coach of at Utah State was close to home.
He was fired for cause and he's battling that. I
don't know what's happened. But Brian Kelly caught win to this,
and guess what he did. He and his lawyers they
ran to court and they filed a lawsuit against LSU,
first off, claiming breach of contracts, saying.
Speaker 2: Hey, wait a minute, you fired me. Part of my.
Speaker 5: Contract was I have a buyout clause and whatever's remaining
on it in this case, fifty four million you owe
me for it. And they also asked the court to
declare they fly out what's called for declaratory relief to
the court look at this and say, yeah, you've been fired.
Here's a contract here, you guys go work it out.
So I think it's a really bad look for LSU.
LSU is really you know, the governor last week said
he was going to be the one hiring the coach,
and you know they've gone gotten rid of their ad
and now they've got an assistant AD but says it's
a temporary ad. And you know who's going to want
to really play it LSU. You know, whether you like
Brian Kelly or not, or you know, or a fan
of his. I think he got fired and he's owed
his money. That's part of the contract.
Speaker 2: You know.
Speaker 5: Just ask jimbo Fisher and how it worked.
Speaker 2: Out for him.
Speaker 4: Yeah, so it appears that not only is he going
to get his payout, but then LSU may have to
pay more in legal fees and additional funds.
Speaker 2: Maybe it's a bad look.
Speaker 5: It's a bad look. I think he's gonna get it.
And incidentally, they tried to negotiate with him and said
we'll pay you. I loved some thirty thousand dollars, and
he said, why would I do that?
Speaker 2: I got fifty four coming my way. Yeah.
Speaker 4: So initially in the article that I was just reading,
they proposed twenty five million dollars.
Speaker 3: And then they're like, well, okay, we'll give you thirty.
Speaker 4: He's like, nah, I'm getting that fifty four.
Speaker 3: That sounds like the right number to me.
Speaker 2: Yeah. Just I think you'll get it.
Speaker 3: Yeah, no doubt about it.
Speaker 4: Let's move on to the to the baseball diamond Guardian
pitcher Guardians pitchers charged in pitchitch fixing schemes.
Speaker 3: Man, there's a lot of these.
Speaker 4: Gambling poker, there's a lot of scheming going on in
the athletic Major League Baseball NFL shoot, a lot of
things cooking over here.
Speaker 6: There's a lot of this, ben and I think we're
just gonna keep seeing these kinds of cases, you know,
hit the news. And so this latest one involves two
Cleveland Guardians pitchers, Emmanuel Clayce and Louise Ortiz, and they've
been alleged that they were throwing, you know, making throwing
particular pitches right and tipping off their co conspirators.
Speaker 2: To place bets.
Speaker 6: I guess in one case, I mean Place was Emmanuel
Place was charged of sending money to place a bet
on his own behalf. But basically that these pitches would
be above or below a certain velocity. You know, so
if he typically throws a ninety nine mile an hour
fastball and this time you threw a ninety two mile
an hour and hit into the dirt or whatever, and
then whether it was going to be in or out
of the strike zone, you know, a ball or strike
or whatever. So it's I think part of the problem, Ben,
is that it's just really easy to make these prop bets,
these micro bets, right, And Major League Baseball has come out,
you know, in response to this against these micro bets.
But I mean, I mean, how many pitches are there?
How many thousands and thousands of pitchers throughout a major
league season, and you can bet on a single pitch,
And so they've made this just really, really easy. These
guys have been both been charged with buyer fraud, bribery,
money laundering. They've been arraigned at this point, both of them,
they've pled not guilty. The one was in Dominican Republican
Manuel Klace but he's back now and has period to
court in New York. You know, their co conspirators from
the numbers, looks like they made about four hundred and
fifty thousand dollars and these guys took a small take
of that some percentage, I guess, which is just a
fraction of what they make as major league pitchers. So
kind of crazy, but they've you know, their careers are
probably done and maybe maybe going to prison.
Speaker 4: So you know, gambling, you know, is not paying off
for the athletes that are or the coaches not as
well that are that are gambling on games and and
trying to fix this.
Speaker 3: What what is the fascination right now? Do you think?
Speaker 4: I mean, obviously, gambling has always been a part of sport,
but it seems like it's becoming it's coming to a forefront.
Speaker 1: Now.
Speaker 4: Is this the modern day digitize you know, online gambling
experience just corrupting everything that we love about sport?
Speaker 2: Yeah, yeah, it is.
Speaker 6: I mean, and I think gambling has been gamified, right,
and it's it's easy to do. You can do it
from your phone, it's ubiquitous, it's everywhere. And these guys
are competitive, right, and so they're gonna play a game
on the game and uh, you know up the ante
and and just you know, make it more more interesting
or more challenging or whatever. But it's it's gonna land
a lot of a lot of player in a lot
of hot water. And now fans are going to question
when that ball hits the dirt, you know, did they
you know, was that a legitimate pitcher or not?
Speaker 3: And that's a problem, no doubt about it. Let's move
over to college football.
Speaker 4: Little update on former Stanford coach Troy Taylor and the
ESPN lawsuit. Where do we stand in this one?
Speaker 5: Yeah, it has a little bit of a local flavor
for anyone here. You know, maybe that Paul's University of Utah,
but bal Troy Taylor was THEOC at the youth for
number of years.
Speaker 2: He got the.
Speaker 5: Head coach job at Sacramento State and did really well
there and as a result, he caught the attention of
Stanford when they were I think it was was a
Brian Shaw that was the.
Speaker 2: Coach there and he was hired there.
Speaker 5: Maybe he was after that, but he was hired at Stanford.
Didn't have a good go at Stanford, didn't have a
really good record, and.
Speaker 2: While he was coaching there.
Speaker 5: E FBN apparently caught win some investigation going on with
the allegations that.
Speaker 2: Troy Taylor.
Speaker 5: He was kind of a hostile work environment, that's one thing,
but that he was actually belittling multiple employees, bullying multiple
gender based complaints, that type of thing. And ESPN ran a.
Speaker 2: Pretty fiery story on this type of stuff.
Speaker 5: And about the investigation. It was really just an investigation,
and they used the words bullied and belittled in reference
to Troy Taylor. Well, Troy Taylor ultimately was fired and
in his opinion, fired for cause because of this very story.
And so what did t Taylor do? And we talked
about four cause. Stanford said, yeah, because of this investigation,
this stuff going on, we're.
Speaker 2: Firing you for cause. Well, he thinks it was because
of the story.
Speaker 5: And guess what, he lost a lot of money. And
in a defamation case, he filed a defamation lawsuit against
the reporter and against the In the defamation lawsuit, you
have to show a number of things. You got to
show that there was a false statement that was published
or verbalized, and that that statement caused injured or caused
damage like financial damage. The other part of it at
through pristeen is a defamation lawsuit against a public figure.
And I don't know if Troy Taylor is really a
public figure. He might be, he might not. He's not
a real household name. But you have to actually show
actual malice that the false statement was made, the alleged
false statement was made with actual malice. Well, he filed
a lawsuit against the ESPN claiming that you guys jumped
the gun on this.
Speaker 2: It was bad reporting, and.
Speaker 5: They've now filed what's called the motion to just miss
And kind of their stance is, you know, these aren't
the legal terms, but it was kind of like, hey,
we got it mostly right. You know, it might be
an issue of semantics. You know, let's not quibble about numbers.
You know, if it was mostly women or own women,
we got it mostly right. And they point to a
case in California where the judge says, hey, the law
isn't required to justify the literal truth of every word
in allegedly defamatory content, and it's okay to have minor accuracies,
they aren't to be equated with false statements. Well, Troy
Taylor's response to that, you know they're filing emotions dismissed,
basically saying, hey, Judge, based on what we have here,
we think there's evidence to get rid of us. Troy
Taylor says, no, not so fast. I can prove that
these statements that you made were in fact faults. And
so what it's going to come down he says. He
says there was no public controversy at the time that
they reported it, and that he took no affirmative steps
to jump into the controversy. But they just went ahead
and jumped the gun and reported this. So what's come
down to is what's called truth and reporting. You know,
how far does that go?
Speaker 2: You know?
Speaker 5: And so I, you know, the question is Jud's going
to say, is there're enough here to get rid of it.
I kind of tend to think that this or these days,
that they'll they won't dismiss it, and they'll let it
go through its channels right now and maybe down the
road they'll file another motion to get rid of it,
but probably need to have some fact discovery. I think
Garrett disagrees with me on this. He thinks Troy Taylor
is hanging on as tightly here.
Speaker 3: Yeah, pontificate on that. Then on the opposite spectrum.
Speaker 6: Well, I I yeah, no, I I don't know. I
I think ESPN's uh, you know, got a got an
argument here that their reporting was substantially true. And and
if you're gonna, you know, just split hairs on on
whether he you know, did he actually be little this
woman or on the staff or bully her as opposed
to just mistreat her, you know the definitions of these words.
And ESPN can come in and say, hey, you know,
let's not quiddle over over the wording. Our our reporting
is substantially true and and we should get out on
that basis.
Speaker 4: Yeah, always intrigued to see how these uh these these
lawsuits play out. What are the saddest stories over the
last few years from a football standpoint? I mean, I
love Antonio Brown in his heyday, he was a great
football player. He's been extradited from Dubai to face attempted
murder charges.
Speaker 3: I mean, from.
Speaker 4: Hero to zero real quick in life. Give us an
update on this one.
Speaker 6: Yeah, it's not looking good for ab right now. I mean,
just this morning he was released on a twenty five
thousand dollars bail and is required to wear an inkle monitor.
That follows on Tuesday, he had pled you know, an
enrayment and had pled not guilty ender to not guilty plea.
And before that where this comes down, he's been the
last four months or so in Dubai basically hiding out,
not doing a very good job of it because he's
posting on social media all the time. And what he
was hiding out from is an altercation that happened in
May after a Miami boxing match, where he got in
a scuffle with some guys you know, they had some
history together. But there's there's there's video of him apparently
grabbing the gun from a security guard and chasing after
these guys and firing a couple of shots.
Speaker 2: Uh, no one was killed.
Speaker 6: These are attempted murder charges, but nonetheless very very serious. Uh,
he's in some big time trouble and uh, you know,
kind of interesting these some of these legal issues with
you know, extradition. You know, another story that we talked
about in the past was the issue of you know,
Britney Griner, you know, who was held in prison in
Russia on a marijuana charge. But here this is a
different situation where the United States has you know, pretty
good relationship with UAE, where Dubai is located and they're
willing to, uh, you know, let the U. S. Marshals
extradite him and bring him back to the United States
to face trial.
Speaker 3: Antonio Brown, Jeez, there you go, crazy man. Finally let's start.
Speaker 4: Let's do this last one of you here, Jan the
judge grants Hooper.
Speaker 3: For Idaho State.
Speaker 4: Like I'm kind of reading through this one a little bit.
Speaker 3: Australia.
Speaker 4: Hooper can play at Idaho State over nc double A objections.
Speaker 3: What's going on with this?
Speaker 5: Well, man, this is a story that has happened over
and over and over the last year, year and a half.
And it started all started with our guy Diego Pavia
and he's gained a lot of notoriety at MANDY and
we've seen a dozen of these happen. And basically the
claim is when someone wants more eligibility or think they're
entitled the more eligibility, and the NCAA comes in. They
go to the NCAA and you you've been aware of
a case like this would be a football player. The
NCAA makes a decision and then they appeal the decision
of the NCAA and the NCAA. Now you're out of eligibility. Well,
what they do they run to the courts and their
claim essentially is an anti trust claim. They're saying that
I'm being prevented from competing and earning money. It's an
anti trust violation. And this one involves, you know, same story,
different player. This is a very well known hooper from Australia,
Caleb van de Green. Everybody's heard of the hymn right, Well,
he's got an interesting history. He played one year at
Monette State at Division two school. I have no clue
where that is. Then he played three years at the
University of North Dakota and played really well at three
there and his play caught the tension of the Mighty
Ihills State Bengals and they wanted to play for him. Well,
guess what the NCAA said, You're out of You're out
of luck, you're out of eligibility. And what made this
complicated is he played in an Australian league. I don't
know if it's a semi pro league or something like
that was called NVL one in this during this these
years and the and the NCAA said, no, you feiled,
you delayed your enrollments, so you're out of luck. Well,
the judge disagreed with the NCAA and they he filed
suit against the nca and saw what's called the temporary
resine order. It basically says the NCAA is restrained from
imposing this their rule right now and we'll fight about
in the court. Well, the judge granted it, saying, hey,
right now, if I don't grant this, it'll suffer He'll
suffer reparable harm, monetary damages, he'll be foreclosed from joining
his teammates, losing on attention of renowned playing Division one basketball.
So it was really an easy decision for the judge.
He's not decided on the merits per se. He's just
saying I'm not going to enforce it right now, and
we'll decide down the line. But guess what, it ain't
gonna be decided down the line, because by the time
this makes it way through the courts again, our guy,
Caleb Van de Green will be long gone from Ida
host state and he'll have played his last year of eligibility.
Speaker 4: Crazy times in the sports court once again. Guy's always
a pleasure talking these lawsuits, the chaos, the goodness, grace,
it's always crazy.
Speaker 3: But you know what's crazy is people get in accident's right.
Speaker 4: Accidents happen fast and help should be faster at headache, Handy,
you guys do the best job. Big firm experience, small
firm attention. Over forty five years of experience. You're always
fighting for Utah's injured, one case at a time, and
they don't pay unless you guys win. What's the best
way to get a hold of you, guys? And why
should they reach out to you if they've been in
an accident?
Speaker 5: Oh? Best? Oh, go ahead, Preston, Yeah, I'll jump in.
Speaker 2: Yeah.
Speaker 5: We love coming on here, Ben and talking about these
legal issues in the world of sports. Crazy issues, interesting issues.
But as you mentioned, we're a personal injury law firm.
We help people that have been involved in all kinds
of accidents taken through the legal and insurance process make
sure they get compensated. We'd love to hear from you
at call us at eight zero one two six four
sixty six seven seven, or visit our website at Handy
Law Utah dot com. We love to hear from you.
Speaker 3: That's Handy Law Utah dot com.
Speaker 4: If you've been injured and you need representation, let them
be uh someone that can represent you that's got a
fight for your your your care, your rights, your recompense.
Speaker 3: Eight oh one two six four sixty six seven seven.
Speaker 4: Eight oh one two six four sixty six seven seven gentlemen,
always a pleasure, Thanks for much, Thanks so much for
jumping on once again with us for a sports sports segment.
Speaker 2: Yeah, thanks Ben.
Speaker 4: All right, there you have it at Handylawutah dot com.
Let's take a brief time out. We'll come back though
little keeping up with the Cougars with Blaine Fowler, former
bo your quarterback b B a U TV analyst.
Speaker 3: Uh what uh? What is he see in from TCU? Uh?
Speaker 4: Can BYU go three? And oh for the rest of
the season, All that and more coming up next. This
is Cougar Sports on one of three, nine ninety eight
point three ES