Latest / Ask the Lawyer / 12/14/2023 Ask the Lawyer with Tom Peyton

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12/14/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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Eight twenty two on five eighths the voice of Charleston. I'm Jeff Jenkins,
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and to be shortly joined by Tom Payton of the Peyton Law Firm in
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Nitro. And the number of the call and Tom will be able to answer
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your legal questions. Three oh four three four five fifty eight fifty eight.
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That's three oh four, three four five fifty eight fifty eight. Any questions
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for Tom about the law three oh four three four five fifty eight fifty eight.
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Just heard Jenny Murray mention there that major traffic back up I sixty four
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there in the Yes, Yes, the construction zone in Nitro. There was
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a two vehicle crash there earlier today and that's where we had the accident.
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And Tom got caught up in that traffic. So he just a couple of
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minutes away though here and you're invited to call in three oh four three four
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five fifty eight fifty eight. Three oh four, three four five fifty eight
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fifty one. Thing that Tom and I are going to talk about is the
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temporary restraining order that was issued yesterday afternoon by federal judge in Wheeling in connection
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with the NCAA's transfer rule. And now schools are kind of evaluating what that
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means. Not every University of Nevada Las Vegas. They had a basketball player
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that had not been allowed to play by the NCUBA, a multiple transfer player,
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and he played last night, as Kyle Wiggs reported on the morning news
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here on five ADWCHS today that he played scored ten points last night in UNLV's
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game. WVU not as quick to announce what is going to do in the
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ray Kwan Battle case. Of course, Battle is really one of the players
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at the heart of this dispute with the NCUBA, and so WVU seems to
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be a little more cautious and right on time. You said, Tom Payton
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that your estimated arrival time was eight twenty four, and you are in here
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at eight twenty four. That's pretty good. Well hope there we go.
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Go ahead one, Yeah, you're right, yeah, yeah, glad to
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be here. Got stuck in the why would I reference last week, which
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probably dumed me for this week was the terrible design interchange at both getting off
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the interstate heading westbound on I sixty four and getting on heading eastbound. Bumper
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bender. I don't think it was too bad a rack, but turned I
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sixty four into a parking on there again. Never seen that kind of design
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stay in place for weeks and even months like this. I think it's just
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awful. But yeah, I wish my ETA was eight twenty It was eight
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twenty four this morning. Anyway, glad to be here good. He wants
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to talk about So we kind of hit on the what might happen with Ray
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Kwon Battle and nothing had been filed when we talked last Thursday. Morning,
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and now it's kind of come to fruition on a couple of different fronts.
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So interesting. Yeah, yeah, so the and I was just getting into
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it, and so Judge Judge Bailey, Federal Judge John Preston Bailey, he
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enters a fourteen day temporary restraining order, which I think is the that's all
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you're allowed to enter, a temporary restraining order right now? Yeah, that's
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yeah, normally and a lot of times on it depends on the judge's opinion.
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But so a temporary restraining order, a lot of times it has done
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X part where you have a real like foreclosure coming up, other side won't
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respond, you don't think the foreclosure is valid. I've had that happen.
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Actually just did one this year where we stopped a foreclosure sale with a temporary
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restraining order and didn't have time to put the other side on notice and have
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a hearing on it. And so at least in this case, you know,
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the players all have lawyers already, so not the players, but the
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parties have lawyers already, right, so they had were able to participate in
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that initial hearing. But it's it's very temporary. It stays in place for
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fourteen days I think maximum in this case. Certainly that's what it is,
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because he said, but it would normally be a more thorough evidentiary hearing where
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more testimony is taken, all the parties have a little bit more time and
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a judge to to research some of these legal issues, so that hearing is
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set. What twenty seventh so interesting dynamics. You know, we talked about
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what could happen. So you have the attorney generals from multiple states. So
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I was wondering how Patrick Morrisey was going to approach this. But they've approached
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it as a coalition, yeah, and as a violation of a what is
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ultimately a consumer protection type law, the Sherman Act, regarding collusion and an
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attempt to interrupt the free market, that kind of thing. So they they
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they're attacking the transferable period saying it's a violation of some federal law anti competitive
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laws. So he's not Patrick Morsey in the state of West Virginia is not
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representing any of the individual players. However, at that hearing, Ray Kwan
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battle he said he made at assume he was under oath. I didn't sit
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in there and listen said he made he spoke. That means he testified.
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Yeah, and then Ben Bailey I think represents the NC double A. So
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he a couple of questions I saw it he posed, you know. Of
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course Ben Bailey's been around, He's smart, savvy, and I thought some
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of the questions that Battle answered from Bailey were a little bit problematic for their
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position ultimately, But with the judge found, you know, temporary restraining orders
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got to have a likelihood of success as one of the factors, and some
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other fact you know what, it caused a reparable harm. If this isn't
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entered, you know, probably more likely to grant that on a very temporary
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basis. Then we'll see what happens on the twenty seventh, and then that's
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that doesn't decide the case though, But he's decided whether to enter a preliminary
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injunction, which is the type of injunction that only stays in place until there's
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a final decision on the merits in the case. So he hasn't ruled on
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the merits of the case. No, And I haven't seen a written order
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from the westerday yet because there's multiple aspects here. And I listened to a
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portion of Rocky so then the other thing is there's been a separate lawsuit filed
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by Battle, the player for West Virginia that's kind of at the center of
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this issue, and he has his own personal attorney, Rocky Genola from Morgantown.
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I think Rocky Son's helping him, who I know is a friend of
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mine here local John and both. I don't know Rocky. You know John
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experienced, competent, smart guy, so we'll see how that comes out.
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But he filed his own lawsuit. Battle did, and of course that got
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a sign to Judge Clee, who's I'm acquainted with very well on a personal
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level and interesting. Just you know, this is why it's good that Battle
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has his own personal lawyer, because the other thing Battle's got to think about
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it is he's only got one year eligibility left. So if he goes and
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plays in these three games, and the judge says, well, I don't
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think this is you know, this is too tenuous. I'm not going to
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grant a preliminary injunction and let everybody play. We're gonna wait till the end
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and see how it turns out. But he had to go through the factors
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and says there shouldn't be a plumbary in Jackson battles played three games, well,
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is his eligibility done? And that's the problem. You know, he's
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got a personal decision to make. I think what his lawyers are trying to
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do is try and work with N S double A to reach some agreement in
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writing that you know, they will not enforce that rule if he you know,
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some minimum amount of games during this brief time period that they won't say
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he's played an entire seat, you know, he's lost his eligibility. I
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mean, that's what they've got to try and get in writing and figure out
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for him personally, or else they could play three games and then he's done
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with college and then all this has been for not so that's that's got to
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be. I don't know that he'll play unless he can get some kind of
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acknowledgment from the NC double A that it won't or maybe they feel that he
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could play and say, well, you feel so confident the judge is going
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to keep the preliminary or the injunction in place and let us play. Because
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if he grants the pliminary injunction here in fourteenth on the twenty seventh less something
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drastic changes evidentiary wise, it'll stay in place until through the season. Yeah,
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through the season, because you won't be able to take evidence and file
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legal briefs and get a decision before the end of April. I mean,
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so that that will do it. So rayk Won Battle could just say,
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well, I'll play, and then I have confidence that I'll still be able
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to keep playing the rest of the season, because he's already said he wants
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to play. If there's eighteen games, yeah, play this year as opposed
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to waiting and having a complete season next year. So we'll see how that
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falls out. Lots of dynamics and just I wonder what's the PR tom,
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what's the PR dynamic here for WVU, Because maybe they don't care, but
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the people, I mean fans are looking at saying, oh, he can
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play other Well, why isn't he playing right? And that's well, I
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think, as I allude to last week, Now you get the other point
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guard back, but jeez, we still don't have a whole lot of players,
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and do you take the risk of playing him there's two players, no
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fair con Yeah, so maybe we get two players to play with the risk
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at the end of the season. Just like you have here in high school
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sports. Your wins where those players suited up could be four foot now in
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a season like that. To me, I'm just thinking, yes, you're
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still early on in the season though, and so you hate to, you
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know, just do that. But it's not when we get in the big
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twelve, you know it's gonna get tougher and we don't have a lot of
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players. So you know, to me, the risk benefit would be the
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benefit outweighs the risk. Let's play them and let's see how this season goes.
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But again that falls back to battle doesn't have to I mean, he
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could say, well, I don't want to lose for three games. Yeah,
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now you get the preliminary injunction on the twenty seventh, like he very
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well may unless the NC double A s than something in writing saying they're not
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going to count. If he only gets to play three games as his season
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of eligibility, then he'll play Otherwise. I don't know that he's got to
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have seriously consider waiting until the twenty seventh, and then they got to consider,
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well, where's the judge on this? And I don't know if there's
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enough yesterday, I mean, there's nothing you don't know which way he's leaning.
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Yeah, I mean you think he granted the tr the temporary straining order,
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so you think probably got the advantage going in because he's seeing something that
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made him in or that. I mean, if he didn't think there was
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any good calls for their case, he wouldn't have done that. But again,
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yeah, you're right in that it's very very preliminary and only lasts fourteen
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days, and so he could might not be you know, comprehensive analysis of
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all the factors for a plminary injunction by Judge Bailey, and he could reverse
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that decision on the twenty seventh. So I thought it was really interesting in
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social media time that people immediately jumped on all the people that run these blogs
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or whatever all he's playing is like, oh, we haven't heard it from
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the university that he's playing University and then him personally, he's got to decide.
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I mean, I think that's the bigger Those two factors will be interesting
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to see now if they can get some kind of agreement. I knowed now
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the Battles decision internally with NCAA's under quote reconsideration, which is what I was
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alluding to. Last week too. It's a little dangerous because this whole transfer
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rule, I mean, it could be an nil type ruling that we saw
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when the NAA fought that. It kind of got him in a mess because
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I didn't take affirmative action sooner to try and work that out. And this
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is similar type of arguments, and so it could blow up the whole transfer
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rule if these cases go to fruition. So maybe something gets worked out at
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this point now, especially with makes me feel better being a Mountaineer fan that
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you've got these other states doing it as well, because I understood, at
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least from sports Line last night, maybe it's one hundred and seventy eight or
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so players that are affected by this, so it's not just West Virginia,
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but it's it's interesting where the center of the of the of the case and
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the venue is here, which is which is interesting for us. And then
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of course we had the nil was basically Sean Austin righty in West Virginia too,
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although that case wasn't heard in West Virginia. But yeah, lots of
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dynamics, so we'll see how that. That'll be an interesting to see how
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it plays out. Hopefully they get some kind of agreement from the NCAA preleminarily
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not to punish students that play during the temporary restraining order and not to count
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that as their year of eligibility if they only end up getting to play in
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a few games during this fourteen day PA areas. I think the NCAA said
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that you won't be well the I just said in the years in the said
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well bye by what the judge said. But again that doesn't cover what might
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be the ultimate right and it might get ultimate ruling and then on an appeal,
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But they haven't said that. What I understand is that's kind of a
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media banter type statement. Maybe was heard or said, but nothing. I
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don't haven't seen an official press release or anything in writing. You know,
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if their lawyers put something in writing and sign it or a high higher you
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know, the president or what commissioner of the n C DOUBA, then you
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feel comfortable with it that they can't back off of that. But if they
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say something like a will abide by the judge's order now and so there won't
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be any retribution, but ultimately we're going to appeal that order, and if
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it's reversed, we reserve all our rights to enact sanctions in four foot games.
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If they say that, then you're kind of back to square one.
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Wow, this is what and we'll take the break here and Tom's with us.
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Lines are open, Tom Payton at the Payton Law from a nighter three
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or four three, four five fifty eight fifty eight is the number. And
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it's kind of what Rocky, you and Old predicted last Friday when when he
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when they you know, filed the individual stud on behalf of rikwon battle.
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That could the situation could put you in a catch twenty two. That's right,
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and that's we talked about that too, and that's I didn't think about
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it from his standpoint. Yeah, he's in a catch twenty two, but
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whether his eligibility is exhausted by a few games and then that his case is
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a little different. I mean, they're basically saying the NCAA misapplied factors for
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the two time transfer rule, and so they're just which, you know,
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I guess mental health is one of the factors as I understand it. And
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so yeah, their case isn't overturn the transfer rule. It's like his case
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was ruled on wrongly, right, which is difficult when you're talking about administrative
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or voluntary and essence associations, internal rules. A lot of times courts don't
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like to step in there, but this involves such significant property interests. He's
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probably got a decent argument. Okay, okay, Yeah, we're going to
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take the break in. You have just received the order via text and email.
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Okay, okay, all right, so we'll take it. We'll take
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we'll take a break. We'll be back in the moment. Three or four
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the power Upton on your side, The power of Baby. And this is
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Jeff Jenkins and Tom Payton on the Peyton Law Firm in Nitro three or four
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three four five fifty fifty three or four three four or five fifty eight fifty
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eight Peyton Law Firm, Tom Harvey been here for now almost a quarter of
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a century on the air, which is which is awesome every Thursday morning and
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the lines are open three or four three four five fifty fifty three or four
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three four five fifty fifty. I do want to say before we get back
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to the topic, is I was in your office. Yeah, last Friday.
18:30
And in all these years we've been doing the show, I've never been
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in the office. So Melie took Have you ever been to Nightro Yes,
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yes, many times, just choking, But she took me for a tour.
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Oh good. Yeah, And so I saw the beautiful conference room and
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everything, and yeah, enjoyed, enjoy my visit there. Yeah a good
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deal, Yeah, not bad. Yeah, easy place to stop buying.
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I try what you remind we're talking about sports in the law, which are
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two of my favorite things. But if you have a question of your own
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butter is folks that have been hurt in some way, a lot of automobile
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little bit, a little bit of criminal defense, but just kind of things
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give us a call because we do a lot of those. And if we
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if we were honest, as you know, and so if it's a case
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that's not really something a lawyer will take, going, we'll let you know.
21:00
We're not going to tell you that we don't have time for that one.
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We'll tell you, well, here's the issue. I mean, you
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went to the doctor one time, for example, you may not have something
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a lawyer will take and you can call it other lawyers, but they'll probably
21:11
all tell you the same thing. And I think it's good to be straight
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and honest with people, and that's the way we are. But if we
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take the case, we do a really good job because we pay attention to
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it and we know what's going on in every case that we have. When
21:25
you call and say your name, I'm going to know what your case is
21:29
about, and a good bit of detail on it. You do not have
21:32
to remind me, and I remember, and we'll get back to the recom
21:36
battle discussion just second. But I remember one case that you won this year,
21:41
not the only one, but one of many, is a property dispute
21:45
case. Yeah, that one went to trial, so that's you know,
21:48
you win. You quot win a lot of them, you know, a
21:48
lot of them resolved before tryal. But that one was a difficult one.
21:52
We were fighting a large landholding company. I represented a family who had inherited
21:57
some well conglomerate of grandkids and uncles and aunts that we're just living on family
22:06
property and large landholding company was claiming a portion of their property and we had
22:10
to take it to trial by jury and we prevailed. And that's why you
22:14
have jurors and juries, and that's why they're really important. Because folks that
22:18
aren't wealthy but saved up some money to pay a lawry that works for him
22:22
pretty hard was able to go in front of six people on a jury and
22:26
win that case. And that's a good example of why juries are important.
22:33
It's also a good example why the folks that have most of the money are
22:37
constantly trying to do what it's called torte deform or reform, where they want
22:42
to restrict every day people's right to a jury because it evens the playing field,
22:47
and folks that have power and wealth don't like to have the playing field
22:49
evened because they're not used to that. And it's somewhat unpredictable too, So
22:55
that's a business factor, but it's a good example of what we do most
22:59
types of civil litigation on the consumer side. If you've been hurt financially or
23:03
physically, we can address all those issues. And it's something specialized that we
23:07
don't normally handle, we can stick in the right direction, and these big
23:11
class actions or mass litigation things like the West Side gas issue, water issue,
23:18
you know, we take on those as well. And if it's something
23:21
where we feel like it's so specialized me to work with a national firm,
23:25
for example. Then we work with them and it doesn't cost the client anymore.
23:27
They use us as kind of a local liaison, which they like,
23:30
and then we work with a bigger firm nationally. So do a lot of
23:37
us have done over the years, not as much anymore. A lot of
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asbestos work, which you don't think if anybody you know messed with them.
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You see these commercials for that. Unfortunately, that's a really it's basically one
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hundred percent terminal cancer that's caused by really nothing, nothing in the United States
23:55
other than exposure to asbestos, and so those are really bad cases. But
24:00
it's important if you have a friend or family member that has a mess with
24:03
the one of them a diagnosis they need to conduct a lawyer pretty quickly because
24:07
there's some evidentiary issues there and we do so. We do a good bit
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of those, and we actually team up with a national firm that does those
24:11
all the time, but we help them work it up, investigate it,
24:15
and help the client work through the process. So those are the type of
24:18
things good examples of what we do on a regular basis. Yeah, three
24:22
oh four three four five fifty eight fifty eight three oh four three four five
24:26
fifty eight fifty your questions for Tom. So the order has been filed the
24:30
tro thirty one pages from Justice Yeah, from Judge Bailey. Right, I
24:34
was just scrolling through, which is you know, good, he's backing up.
24:37
You know he went through. I can see where he went through all
24:40
the factors. You know, did the analysis. So I don't know if
24:42
those factors will be a whole lot different at the preliminary injunction hearing on the
24:47
twenty seventh, unless something new is presented. My uncle nation is he'll probably
24:52
keep it in place, but we'll see. But the conclusion after all the
25:00
analysis is that, you know, in essence of restraining orders entered for fourteen
25:03
days, it enjoins, meaning stops the NCAA from enforcing the transfer eligibility rule
25:11
to the extent it requires a transfer to set out for an academic year of
25:17
residents. So we kind of knew that. And then another by law,
25:23
the rule of restitution, which I think is the rule regarding penalizing and an
25:30
eligible ultimately ineligible player, let's see, yeah, and so join them from
25:38
enforcing that rule until the preliminary hearing coming up on the twenty seventh as well
25:44
at ten am. So and then sometimes when you get an injunction in your
25:48
favor, you got to post bond to secure the fact that if the other
25:52
party wins, they'll have some money there to be paid back. If like
25:56
I've got one right now, where there's a stay entered, meaning it's an
26:00
eviction type proceeding, and the it's complicated. It's not an average landlord tenant
26:04
involves property rights and ownership, but one of the other parties appealing and they
26:10
don't have to move from the home or the or the property. So the
26:14
judge all right, you can stay there depending appeal, but they've got to
26:15
post bond equivalent to rent basically into the clerk every month. And if they
26:21
lose the appeal, then my client will have the ability to come in and
26:23
get possibly have access to that pool of money to make up for some back
26:29
rent. Here he didn't, the judge didn't make them post bond because he
26:33
said, you know, the n C double A won't there's no financial consequence
26:36
to the NC double A, so they didn't have to post bond. So
26:38
we'll we'll you've got to go over that a little bit more. But it's
26:42
but do you think can you tell there how he might rule on a on
26:48
a preliminary in Jude, Well, I can see, so, you know,
26:51
on a temporary restraining order, I've seen them be as short as a
26:59
few sentences. Thirty one pages is a really long order to issue right off
27:04
the bat, and I can tell obviously couldn't read it during the break,
27:08
but skimming it, he's gone through an awful lot of factors. The judge
27:12
hasn't satisfied himself that they weigh in favor of keeping an injunction in place.
27:18
So are those the same factors for a preliminary injunction hearing that will happen on
27:22
the twenty seventh. Pretty much there's not much difference. So my inclination is
27:29
from reading this that unless there's some you know, if it was a one
27:33
pager with no reasoning, I'd say, well, he just got something in
27:36
place really quick depending this and work for here. But he's he's taken the
27:40
time to really analyze all these factors and lay out his reasoning. So I'm
27:44
thinking on the twenty seventh, unless there's some new information, I would predict
27:49
he'll keep he'll put the preliminary injunction in place. Well should so this thirty
27:55
one page order which WVU didn't have last night when it's trying to figure out
27:59
and it put out a you know, it put out a it put out
28:03
a statement, put out a statement before six o'clock. So I know they
28:06
didn't have anything because we checked. We checked before that, so they didn't
28:11
have it before they put out their statement. So I wonder if that's enough
28:15
to say that he that Riequon Battle's going to play. I don't know.
28:19
You're trying to look to see when it was FI. Yeah, I see.
28:22
I think it made them filed yesterday, like last night or something.
28:26
M hm, because it's dated the thirteenth. But I mean these orders can
28:29
be entered in scenarios, see when it was just before midnight or something.
28:33
They're not really stamped at the Federal Electronic Okay, but yeah, I think
28:40
the NC double A can do their analysis. But you got to go back
28:41
to ray Kuon Battle and if I was I don't know if I was his
28:45
lawyer and I didn't have something from the NC double A saying that these three
28:49
games would they would not forfeit his remaining eligibility. I probably wouldn't want him
28:56
to play until the twenty seventh, and you get a preliminary injunction in place
29:00
because it'll last till the end of the year, it's not as much risk
29:03
because you know he's going to get what fifteen games or and you're still clear
29:07
when does the conference game start right around that time? Right? First?
29:11
Right? Or it'll be the Houston first, Okay, so you could still
29:15
get him ready for the conference games if you don't play the next three.
29:18
That's right. I mean I think for him personally, no matter what the
29:22
university wants to do, I would be very cautious about that unless there's some
29:26
agreement in writing from the NC DOUBLEA that they won't count those three games as
29:33
exhausting as eligibility if if they come out it comes out in their favor on
29:36
the twenty seven, that's right, right, That's right, that's that's a
29:38
real risk. Indications are they won't do that, but that's well, that's
29:45
kind of implied. I mean, they said they wouldn't they would honor the
29:49
judges ordering, kind of indicating they wouldn't make the university forfeit those games.
29:55
But I didn't see anything yet from NC double A about whether if if a
30:00
student plays just in one or three games and then they win the preliminary injunction
30:03
hearing, whether that then exhaust their eligibility. I mean that to me,
30:07
for Raykwon Battle, you've got to get that answer in writing before you go
30:11
and start playing right right. But that's his personal decision. He can take
30:15
the risk. I mean, he can talk to his lawyer and get sound
30:17
advice, and I'm sure his lawyers are experienced and all telling the probabilities of
30:22
this and the probabilities of that, and here's the risk you take. And
30:23
ultimately those aren't lawyer's decisions. In the end, if you inform your client
30:27
of all other options, it's the client's decision at that point. Now some
30:30
have said, Tom that this is and I saw some of this on social
30:33
media yesterday, that this is just another you know, this is just another
30:41
piece of the ultimate downfall the NC double A. What might be I mean
30:44
NC double A is. I mean, it's it's an association somewhat voluntary.
30:51
I mean, you know, they're they're that's the rumor that. I mean,
30:56
some of the bigger schools, the powerful money schools, could always just
30:59
back out instead and create their own leg man, I don't know if there
31:00
will be anything to stop that. So that's a that's a risk. I
31:07
mean, that's the You saw a little bit of this with the PGA Golf
31:11
Tour where they had the l I V. Yeah, and so they were
31:14
challenging some of the PGA Tour in relation to anti competitive type arguments, and
31:18
I thought they had some legs there, and then ultimately the PGA ended up
31:22
well, at least preliminarily, reaching some kind of compromise on that. Probably
31:26
for fear that might be the end of the you know, the whole PGA
31:33
scheme, I mean, not scheme in a bad way, but just the
31:36
way it works, right, that's what the n C double A has got
31:38
to be careful about. They already got the NI L and then so this
31:41
this could be what I hope it is, is just it's a very finite
31:47
case about the transfer rule. So you'd think maybe the n C Double A,
31:51
now that this has gotten some legs, we'll come to the table with
31:56
all these folks, all these parties, and just try and reach some kind
31:59
of a agreement in this regard and then modify the rule in the future and
32:05
move on. That would be the ultimate outcome I think for everybody, And
32:08
I kind of think that'll probably happen based on what I'm seeing. Maybe here
32:12
in the next few weeks, maybe even by the time they get to the
32:14
twenty seventh, they'll reach some kind of it's a finite number of players,
32:17
they can identify who they are, reach some kind of agreement, put it
32:22
in place and be done that protects the and then say from this point forward,
32:24
this is the way it's gonna operate. Right, have something more objective
32:27
maybe, or I mean, like the ray Kuon battle, I don't understand.
32:30
You know, you have a mental health factor, but what you're saying
32:32
that his mental health I mean his mental health issues that he's claiming are false
32:37
or not good enough. I mean, where do you go with that?
32:39
From the NC double A and who's deciding that you have some you have a
32:42
psychologist or a psychiatry and no one's ever talked to him from the no psychologist,
32:46
I didn't know that. Yeah, they sit him for an independent medical
32:50
exam. Does this person really have these uh, you know issues or not?
32:54
I mean I don't. It just seems a bit well, it's arbitrary,
32:58
I mean, based on what we know, and of course I haven't
33:00
still haven't seen NCAA denial letters that I guess have been sent out, but
33:06
so I don't know the basis, like what they're did they say, well
33:08
he doesn't really have a mental health issue or what I mean, I don't
33:13
know what they're claiming, or it's not serious enough, and how do you
33:15
determine something like that? I mean, that's uh, well, there's going
33:19
to be some type of movement by WVU in the next couple of days before
33:23
the Miners play on Saturday. We know that, and yeah, it'll be
33:29
interesting to see what happens act now since everybody and I don't know, you
33:34
know, order Sometimes I think he did say at the end of yesterday.
33:37
I don't know if he said, send me your because judges they asked the
33:40
parties to send them an order. Right. A lot of times the party
33:45
who prevails the judge, if they have a lawyer, will say, hey,
33:49
can you prepare the proposed order, and then of course the judge can
33:52
edit it however he wants. I'm not sure who proposed this one, or
33:55
if both parties proposed orders. Now, sometimes you get through with the hearing,
34:00
and the judge doesn't make a ruling and says, well, you propose
34:01
your side, and you propose your side, but he didn't. He took
34:05
a fair what a forty five minute break or so, and came back out
34:07
and made his ruling on the bench. And I didn't hear how you know
34:12
thorough the ruling was from the bench or he just gave this pretty quick.
34:15
It was pretty quick conclusiory, yeah, and then so And I'm not sure
34:19
who drafted the order, the judge's law clerk. I mean, the federal
34:22
judiciary have really good law clerks and more than one, and so they can
34:27
draft a thorough order like that in an afternoon. The parties had already briefed
34:31
the issues. I'm sure, so it was a matter of So I don't
34:34
know who drafted the order, but you know, we'll be interest to see
34:37
how it plays. So I think in the short term we're going to see
34:40
something from NCAA and writing that's going to clarify all this. And I think
34:45
Rick point Battle will be playing. It would be my guess, but I
34:49
wouldn't blame him from what I know as his lawyer, unless you get something
34:52
in writing but I think that'll happen. Okay, all right, Peyton Law
34:55
Firm in Nitra. Yeah, give us to call it, oh right time,
35:00
yeah yeah, give us a call there at three oh four seven five
35:02
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35:06
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