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Here at Crumble Cookies and Pleasant Grove. It is stopped
for a Little Sport Corp. My favorite segment on our show.
It's always fun to play judge and Jury. What's the
verdict on the biggest headlines in sports and law. Today,
it's stop for a little Sport Court, brought to you
by our good friends at Handy and Handy Handylawutah dot Com.
Big firm experience, small firm attention. Each week, we're gonna
break down the real life legal drama, intersecting favorite athletes,
teams and leagues, contract disputes and il chaos, sideline scandals
and courtroom battles. Diving deep with Utah's most trusted injury attorneys.
We got Garrett and Preston Handy on the line. Gentlemen,
how's your day going?
Speaker 3: Hey Ben?
Speaker 4: Doing well?
Speaker 3: I want to talk about a year supply off could yes.
Speaker 4: You guys.
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at Crumble in Pleasant Grove.
Speaker 3: I didn't hear that part of it. I like the
year supply of cookies.
Speaker 4: Well, we'd love to see you guys here.
Speaker 2: We appreciate you joining us for yet another edition of
Sport Court. Now let's start off with this one five
star Ohio State commit and high schooler is filing a
lawsuit to allow for high schoolers.
Speaker 4: To make nil deals. What's going on with this?
Speaker 3: Just a matter of time, Ben, You know, we've reviewed
and talked about a lot the cases have led up
to this, the Ed O'Bannon case and the Austin case
that made it to the United States Supreme Court, which
really opened the door for amateur athletes to profit from
their name image lightness. Well, all states but six states
allow for high school athletes to have nil deals and
make money from their name image enlightness. Well. One of
the states that does not is the Great State of Ohio.
Enter Jamier Brown, who is a five star recruit at
Ohio they commit wide receiver. He and his mother have
now filed a lawsuit against the Ohio High School Athletic
Association sedually alleging that, hey, this is not fair. They're
they're kind of putting forth the same arguments that happened
in the O'Bannon and the Austin cases. Say one thing,
the anti trusting, but they're saying this isn't really fair,
it's outdated, it's limited, it's not fair to Ohio athletes.
They say a blanket ban not only singles out Ohio's
good athletes, but for unequal treatment. It's unlawfully suppresses their
economic liberties, freedom of expression, restraints competition. Jamiri's wife also
his mother point too, you know that this would really
benefit to their family, and in reality, sometimes these NIL
bills really do help these families. The Ohio State Athletic
Association has come out with a statement. You know, they've
been sued now, and they said, you know, this is
the type of thing that we saw coming. We had
it scheduled to do a referendum vote to see if
we wanted to keep this in place or allow the
highest athletes to profit from their name, image of likeness.
And they even said, hey, we might just put an
emergency referendum in place to get this addressed. They don't
like being sued, and they probably realized that this is
not going to really be in place too long. One
interesting note is that Jamiir has scheduled to visit to
Notre Dame even though he's committed to a house date.
You know, and maybe Notre Dame flips him because the
great State of Ohio is not going to let him
make an il money.
Speaker 2: It's just insane that you could limit you know, you know, name,
image and likeness deals from being executed like like federally, Like,
what what can be done here to maybe make changes?
I mean I'm never a you know, federal government guy,
but in this particular situation, you're like, man like, if
states are limiting earning potential of individual athletes, how do
you address this maybe from a national level.
Speaker 3: Well, it's interesting you you and I talked that way, Ben,
because before the Austin case came down, we didn't we
couldn't even perceive of the nil deals for college athletes, right,
I mean, now it's become so commonplace that you know,
we see it as fairness for them to profit from
their name, image and likeness, and you know that it
doesn't extend to the high schol athletes. I think the
response is that, you know, you know, states are given
certain rights, and the state of Ohio is, along with
five other states, have decided that, you know, they have
administrative rules in place, which are essentially laws that limit
certain things. I think before time you're going to see
that not one of these states, you know, because it
does fly in the face of the Alton decision. Really,
so they could make that claim that it's not. You know,
in the United States Supreme Court comes down with the
decision is it is the law of the land, you know,
so they could make that argument. I don't think this
is gonna hold very long. I think Jamiir is gonna
get his nil de Yeah.
Speaker 4: I believe so as well. Let's move on to another subject.
Speaker 2: Logan Paul's Prime Hydration is suing Lionel Messi over false advertising.
Speaker 4: Yeah.
Speaker 5: These are two big names in the hydration beverage industry, right,
which is big business obviously. So on the one hand,
we got Logan Paul with Prime, and then on the
other is Lionel Messi, and he's got a company called
Moth Hydration, and so he's got a new drink that
he's out there promoting and on their website and on
TV and commercials. And so what's happened is there's been
a lawsuit brought by Logan Paul in the state of Florida,
and there this is really a false advertising lawsuit and
it's brought under Florida's you know, trade practices and deceptive
and unfair practices laws. Basically, Messi in the advertising says
how he couldn't find the right hydration drink, and so
he went about finding you know, a drink of his own,
and he you know, discovered the right flavors and the
proper blend of electoral heights and everything else, and he's
got this drink that he wants to share with the world.
So he portrays a very close involvement with the development
of the drink. Well, the other part of the story
is is that back in New York, there's an ongoing
lawsuit between Prime and Moss Hydration, and in that other
lawsuit under oath, Messi gave testimony that he really didn't
have a lot of involvement in the production and development
of the drink. And so these are contradictory statements. And
now Logan Paul's team with Prime, they're using that against Messi,
and there it's really messing up everything. But that's I
think part of their legal strategy here is to hey,
let's maybe apply some pressure on them in a new
case in Florida and see if that can get us
what we want in our case in New York. The
case in New York involves, you know, some claims of
monopoly and things like that. But so it'll be interesting
to see how this thing plays out.
Speaker 2: Yeah, a few years ago I saw like, just like
this prime hydration popping up everywhere. I'm like, this is
not even good for anyway. That's besides the point. But
it's always intriguing to me to see how these athletes,
how these influencers, uh you know, navigate these uh in
and market these products. So uh, let's uh, let's move
on court fines for Atlanta Falcons in a work comp
claim by an ex player.
Speaker 4: Tell us what's going on with this workman's comp claim?
Speaker 3: Yeah, man, I think this is a really interesting case
and something we've never talked about much because I didn't
really know they existed. But you know, everyone's heard of
workers' compensation claims. And workers' compensations claims grew out of
a situation where someone is on the job, working for
their employer in the course of scope of their employment,
and they are injured. Picture a construction worker who falls
off a ladder and tweaks his back or breaks his leg.
He makes a worker's complaim and is entitled to workers'
comp benefits, which includes wages, medical expenses, different benefits. You know, Ben,
if you're sitting there at your desk today and you
get a paper cut on your hand, Well, you're in
the course of scope of your employment and you can
make a workers comp claim against Broadway Media. Well, our guy,
Wayne Gandhi is a fifteen year NFL veteran who played
last played in two thousand and nine. He played for
five different teams, one of them was the Atlanta Falcons. Well,
in twenty fifteen, he filed in the state of California,
and that's important. He filed for workers' comp benefits. And
he chose California because California is very favorable to workers
and they have pretty liberal workers' comp stances on this.
And so when I heard this, I thought, this is strange.
You know that an athlete, what he's claiming is years
and years of cumulative injuries, wear and tear on his
bodies that all happened while what on the job as
a football player, while what working for his employer, the
different teams he played for, and he's claiming, Hey, I'm
entitled to workers' comp benefits as they apply to my injuries. Well,
he went to this is an administrative thing when he
went to the workers' compboard and they agreed with him. Well,
the Atlanta Falcons jumped in and said, oh, not so fast.
They appealed the decision to the Court of Appeals, and
the Court of Appills came down on the decision. They said, yeah,
we don't agree that the Atlanta Falcons are on the
hook for this because they applied to formula that said,
formula you didn't play a certain percentage of your games
in the state of California, which is required for California
law to apply. They apply to They looked at it
and said, oh, yeah, by the way, you you did
play in California a number of times over your career,
but it only amounted to seven percent of your games.
And he was incidentally drafted by the Rams, so that
was one of the teams, and they said you got
to have twenty percent of your time for this to apply,
so he was out of luck on that. And I
this only really applies to the Falcons, is this claim.
I don't know about the other We're just reporting that
because the Falcons have won on this. I don't know
about the other four teams. But I found it really
interesting because you know, players in all sports are getting
hurt all of the time, and even when they retire,
guess what they have nagging injuries from pain and injuries
that they had from their time while playing. And I
kind of thought they were exempt from these type of
claims simply because through the collective bargaining agreement and the
unions they saw this as a well, you know, you
athletes are getting hurt all the time, and you know,
if we open the floodgates for this. So I don't
know the answer to this. Is interesting to me that
this came up. Interesting to me that this came up.
Speaker 2: Yeah, that is interesting. The workmen's comp element of it all.
I mean, look, there's a lot of shout out to you, brother,
appreciate you being here. You know, like the nc double
as run into this obviously with with their you know,
some of their litigation and legislation that they've they've had
to deal with, but the NFL really hasn't been They've
been somewhat protected by these workmen's comp claims.
Speaker 4: And so why why is that?
Speaker 2: Why why is it that that workman's comp you know, uh,
and and I guess injuries sustained on the job that
end up impacting you two, three, four, five, six years
down the road aren't necessarily always fong under workmen's comp claims.
Speaker 3: Do you think, well, before I read this story day,
I would have thought that was the case, but apparently
there are you know, the way this is reported in California,
I think these other teams weren't exempt from it. So
it sounds like some of these claims have come for
cumulative injuries. But you know, California applied this percentage thing,
and yeah, I don't know if this is now no
means that he could go to the state of Georgia
and file of workers complaim. I think I always thought
part of the reason was the NFL Players Association and
the retirement funds and all of that went into place
to have medical care and that type of thing to
address this very thing. I'd assume that that's kind of
how they'd cut this out and kind of you know,
work themselves out of the workers claims, because you know,
a player gets hurt and gets puts on injured reserve,
there's already things in place of how he gets paid,
how he gets compensated. Certainly his medical care is going
to be covered, and I think there is the retirement
plans where you hit your certain pensions where you do
have medical coverage after your retirement. So that's what I assumed,
but our guy Winn Gandhi didn't think that that was
enough in place filed the worker complaims.
Speaker 2: Complaims, Let's move on to Drake versus Kendrick Lamar for
all the hip hop enthusiasm the distrack lawsuit. Court dismisses
Drake's suit nfl avoids a discovery claim.
Speaker 4: What's going on here?
Speaker 5: Yeah, this grows out of the super Bowl halftime show,
right that Kendrick Lamar put on and and one of
those songs was not Like Us, and that's the distract.
One of them that calls out Drake and as says
some things about him, including call him a pedophile and
different things like that. And Drake of course didn't like that,
and so he brought his own lawsuit. It wasn't against
Kendrick Lamar directly, but it really against the record label,
saying they shouldn't have even released this song because it
was defamatory. And so this is a defamation lawsuit that
he brought. And I think it's pretty interesting as far
as I know, this is one of the first times
that a judge is weighed in on whether or not
a rap battle and these diss tracks whether these are
statements of fact or statements of opinion, and the judge
found that it was these are just opinions, right. This
is part of what these dis tracks are is it's
an escalating battle of who can diss the other person more.
And so there's a lot of things thrown out there,
and the judge is basically saying, hey, these aren't statements
of fact, and so they dismissed the case. But like
you said in the lead in, then I mean the
NFL is probably breathing a sigh relief because had the
case gone on and survived this motion to dismiss, it's
possible the NFL would have had to answer some questions
about how they allowed Kendrick Lamar to play the song
at halftime, and you know whether or not they should
have stepped in and done anything. But now it's a
moot point and the rap battle. It's just opinions, opinions.
Speaker 2: Just opinions. The drama continues there. Let's talk about low
cool rivalry drama.
Speaker 4: This was crazy.
Speaker 2: I saw this come across my feet yesterday and still
getting traction obviously today. The rivalry week always brings volatility
and in controversy. Apparently there was a man arrested for
allegedly threatening to shoot Utah fans at a b YU
football game.
Speaker 4: Give us the latest.
Speaker 3: Yeah, this is a whole new level of you know what,
you know, the the rivalry, great, game is great and
for the most part, everyone you know. But occasionally there's
the bad apple and this one takes it to another level.
Thank you for social media. But a gentleman who presumably
is a BYU fan, but BYU is not going to
claim him in any way, shape or form. He's just
a guy who's unhinged. He came out with a couple
of statements on social media. Quote anyone wearing red on
Saturday is getting shot. He takes it to another level.
Come to Lovelle Edwards Stadium and enjoy a bullet in
your head. Bring your kids too. Well, this was reported
and law enforcement jump in and he has been arrested
and held on suspicion of threats of violence and obstruction
of justice. He has not been formally charged yet. That's
when we'll see what happens and maybe his name will
be reported, which, thank you social media, you're going to
actually get some fame for it, or infamy. So yeah,
bad luck you know, and nobody likes to see this,
and so the Rivalry Week so local interest and that's
why we're talking about it, talking about.
Speaker 4: It crazy times.
Speaker 2: There's been many controversial things that have happened over the
years in this rivalry game amongst fans I mean, I
mean amongst players, cheerleaders. I mean, what you know from
your perspective, Like, I mean, do we do we know?
How how many lawsuits have stemmed from the rivalry or
Rivalry Week.
Speaker 4: I want to I wonder.
Speaker 2: If anything happened with Kyle Whittingham, you know, I think
his family was you know, purportedly assaulted at Lavelle Edwards Stadium.
Speaker 4: There was the the b YU fan.
Speaker 2: That tried to assault the University of Utah cheerleader last
year up at Rice Echols. There was the son of
a big or big Utah donor that threw a bottle
and hit the head and knocked out concussed a women's
cheerleader for BYU.
Speaker 4: I mean, we should start, we should aggregate how.
Speaker 2: Many how many Rivalry Week lawsuits have have come forth
over the years.
Speaker 3: Yeah, I don't know that there's been I haven't heard
of any lawsuits per se, you know, there's the there's
the beer on my family's head, Max fall incident. You know,
I think everyone just gets reported. I don't know of
any lawsuits would have happened because of these incidents. You know,
maybe maybe there was one last year, the bottle that
was there was failed security, but I haven't heard that.
Maybe Garrett could jump in on that.
Speaker 2: Just we got you, guys, did I lose you? I'm
not hearing them all.
Speaker 4: Right, Well, let's call that a segment.
Speaker 2: That was another, uh, one of my favorite segments honestly,
the sports Court and it's always brought to you by
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