Latest / WCHS Network Podcasts / 11/21/2024 Ask the Lawyer with Tom Peyton

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11/21/2024 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

0:00
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Speaker 5: It's a twenty two and this is five ADWCHS the
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Speaker 5: Voice of Charleston. Jeff Jenkins with you and Tom Payton
0:57
Speaker 5: at the Peyton Law Firm in Nitro. Hey, first time
0:59
Speaker 5: I been here, This is your show. The first time
1:01
Speaker 5: I've been on in a while. Because of you other schedule.
1:04
Speaker 6: We had a worthy substitute in veils. Yeah we got
1:09
Speaker 6: but we're glad to have you back.
1:10
Speaker 5: Hey, we want to give out the phone number because
1:12
Speaker 5: we're in transition here, and you've heard of Life. You're
1:15
Speaker 5: a regular listener to the station, you know we're in transition,
1:19
Speaker 5: and so the number to call to talk to Tom
1:21
Speaker 5: is three four two eight one three one three four
1:25
Speaker 5: two eight one three one, and then we'll we'll be
1:28
Speaker 5: able to take that call. If you call three three
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Speaker 5: four five fifty eight fifty eight, you can. We have
1:34
Speaker 5: to transfer and everything for right now. So just call
1:37
Speaker 5: eight one three one.
1:38
Speaker 7: Eight one three one, yeah, three one three one.
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Speaker 5: Yeah, three four two eight one three one and we'll
1:43
Speaker 5: get that call on the air. Any question you want
1:45
Speaker 5: to ask Tom about the law.
1:47
Speaker 7: Well, if that's going to stay the uh, will that
1:49
Speaker 7: be the number.
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Speaker 5: One, it'll be fifty eight fifty.
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Speaker 7: Yeah, it has some primo materials. Yes, it'll old number,
1:54
Speaker 7: but it'll come back to the.
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Speaker 5: It'll go back to fifty eight fiftcause it's well branded.
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Speaker 5: It is well branded. Well, we've had some movement in
2:00
Speaker 5: the law this week. We had the big football thing.
2:02
Speaker 6: Yeah, so let's kind of frame that a lot of
2:04
Speaker 6: people are probably tired of hearing about it, but it's
2:06
Speaker 6: you know, high school football is of interest to a
2:08
Speaker 6: lot of folks around the state. So you know, just
2:12
Speaker 6: to kind of summarize what got us here in a nutshell.
2:16
Speaker 6: So the wv SSAC, which is the it's an appointed body,
2:21
Speaker 6: I think, as far as the director and things. And
2:23
Speaker 6: then there are principles I think that make up on
2:25
Speaker 6: the board, not every principle, and so they're not elected officials,
2:30
Speaker 6: but they're appointed by elected officials. But they did a
2:34
Speaker 6: reclassification of the you know, it used to be single
2:37
Speaker 6: aba tripa A for well for my entire lifetime, I
2:40
Speaker 6: think for football in West Virginia high school football and
2:44
Speaker 6: growing up and over the years, I just assume, I mean,
2:48
Speaker 6: they did a reclassification every so often, like maybe not
2:51
Speaker 6: that often at five or ten years or something, but
2:53
Speaker 6: I thought it was mostly just based on or maybe
2:56
Speaker 6: entirely uh student enrollment. And and so then this in
3:02
Speaker 6: the off season between last year and this year, they
3:05
Speaker 6: created a quad a group and then they created some
3:10
Speaker 6: additional factors that I mean, there was a more subjective factors.
3:14
Speaker 6: I know, I'm not intimately familiar with it, but it
3:17
Speaker 6: was like competitiveness factor and of course enrollment and then
3:21
Speaker 6: some other factors too that I'm not sure, but it
3:24
Speaker 6: ended up you know, they then have four different classes. Well,
3:28
Speaker 6: apparently through the wv SSAC. If you disagree with their
3:34
Speaker 6: administrative decision, then you can appeal up to something called
3:37
Speaker 6: the review Board. And I don't know who makes that
3:39
Speaker 6: up or how many people are in it. I didn't
3:40
Speaker 6: get into there are a few appointed people, but yes, okay,
3:42
Speaker 6: so then that process takes place. But this is all
3:46
Speaker 6: happening in the off season, and they make a ruling
3:50
Speaker 6: that overturned some of what the wv SSAC did, But
3:53
Speaker 6: that ruling didn't come out until August of this year.
3:56
Speaker 5: Well, twenty three teams, I think twenty two teams right, well.
4:00
Speaker 6: And it resulted in interestingly, Quada only has sixteen teams
4:04
Speaker 6: in it, and there's only six there's sixteen teams that
4:06
Speaker 6: make the playoffs. It kind of diminishes it's all about seating,
4:10
Speaker 6: I guess, but diminishes some of.
4:11
Speaker 7: The value of the games.
4:13
Speaker 6: But because that ruling came out in August, of course,
4:16
Speaker 6: all the schedules are already set coming into this season,
4:20
Speaker 6: so they really can't shuffle those around.
4:24
Speaker 7: Actually, I'm I don't know my thought.
4:27
Speaker 6: On it is and I don't know this is that
4:30
Speaker 6: maybe this reclassificate, you know, why was it motivate. What
4:34
Speaker 6: was the motivation that even doing this and meddling with
4:36
Speaker 6: it for a system that otherwise been in place for decades.
4:41
Speaker 6: I wonder if it doesn't. Fred Persinger will probably know,
4:44
Speaker 6: but I wonder if it doesn't have something to do
4:46
Speaker 6: with the transfer rule that the legislature passed a few
4:48
Speaker 6: years ago, because that that what it's what I see
4:51
Speaker 6: it's done. And again, I don't watch high school football religiously,
4:55
Speaker 6: but I pay attention. And you know, you've seen a
4:57
Speaker 6: lot of kind of what I call just magnet school.
5:00
Speaker 7: Where if you're good or have better.
5:02
Speaker 6: Facilities, since kids can freely transfer, they're just kind of
5:06
Speaker 6: going to those schools. So what you know, what you
5:08
Speaker 6: saw almost instantaneously is a regular I don't know if
5:11
Speaker 6: you call them powerhouse, but a regular top maybe ten
5:14
Speaker 6: teams in the state, like South Charleston just took a.
5:17
Speaker 7: Nose dive after the transfer rule.
5:20
Speaker 6: You know, I'm a Saint Albans alumni, and they I
5:22
Speaker 6: think they won three games this year, which is good
5:24
Speaker 6: for them because and they may have had problems before
5:27
Speaker 6: the transfer rule, but you just the kids transfer out
5:30
Speaker 6: naturally because they want to go to the teams that
5:32
Speaker 6: are already doing well, and it just kind of snowballs
5:36
Speaker 6: on itself. And so we've got kind of like hurricane
5:38
Speaker 6: and a high end team, and then you have teams
5:41
Speaker 6: that have trouble getting enough players to participate to even
5:46
Speaker 6: put a safe team out there, where all the kids
5:48
Speaker 6: aren't playing both ways offense and defense. So I don't
5:51
Speaker 6: know if that was the motivation they were trying to
5:53
Speaker 6: offset that, or if there was some other movement, but
5:58
Speaker 6: because that would be interesting to know, why why did
6:00
Speaker 6: we why did the wv S SAC feel the need
6:03
Speaker 6: to do this at all in a system that have
6:06
Speaker 6: been in place for decades, but in any event, all
6:09
Speaker 6: the ratings for unlike college football, where you have some
6:14
Speaker 6: subjective judgments by appointed individuals for the playoff rankings and
6:19
Speaker 6: then you have the press and you have the coach's poll,
6:22
Speaker 6: I believe high school football in West Nia is completely
6:25
Speaker 6: computer rated. Yeah there's a formula, Yeah there's a formula,
6:28
Speaker 6: a formula, but it's it's it's completely subjective, as I
6:34
Speaker 6: understand it. So, but it depends. Some of it depends
6:37
Speaker 6: on strength of schedule and the what are the team
6:43
Speaker 6: you're playing against? Is a single, a double, a triple,
6:46
Speaker 6: A or QUADA for example, a Quad A team would
6:50
Speaker 6: not get as much credit in that formula if they
6:54
Speaker 6: want against the Triple A team, well, of course they
6:57
Speaker 6: want to set up their best chance when scheduling to
6:59
Speaker 6: get the most points so they can be seated the highs. Well,
7:01
Speaker 6: that was because they shuffled these schools around at the
7:07
Speaker 6: last minute after the schedules were set. We have a
7:09
Speaker 6: lot of teams playing other teams out of their classification
7:12
Speaker 6: and vice versa. So like if Saint Albans, for example,
7:16
Speaker 6: played a lot of Quad A teams because that's where
7:18
Speaker 6: the WVSSAC said they would be, say in the spring,
7:23
Speaker 6: and then they were the ones that had in their
7:24
Speaker 6: review in August got sent kind of demoted I guess
7:28
Speaker 6: you would say, probably at their request to Triple A,
7:31
Speaker 6: so they weren't in the highest category. Then they would
7:35
Speaker 6: get more credit because they have a schedule full of
7:38
Speaker 6: Quad A teams when they're Triple A. So it created
7:41
Speaker 6: that weird dynamic there. And then beyond that review board
7:47
Speaker 6: that made that decision in August that I think it
7:50
Speaker 6: switched like twenty two teams something like that into different
7:53
Speaker 6: categories at the very last minute. So then you play
7:56
Speaker 6: all through the season and when it gets maybe one
8:01
Speaker 6: week after it.
8:03
Speaker 7: Was over, all games were played.
8:05
Speaker 6: Okay, So then certain teams realizes on we didn't make
8:07
Speaker 6: the playoffs because.
8:08
Speaker 5: Of this, or we weren't high enough seated high enough.
8:10
Speaker 6: Senior, or we didn't make the playoffs because this changing
8:16
Speaker 6: categories right in August and we couldn't adjust our schedule.
8:19
Speaker 6: So then you have kind of competing circuit court orders
8:24
Speaker 6: that favor the high school teams that are within the
8:30
Speaker 6: county of that circuit court, and you know, coming up
8:34
Speaker 6: with different plans like play in games between most of
8:37
Speaker 6: the teams that were on the borderline, and one I
8:41
Speaker 6: think the Wood County Court disordered. You got that they
8:43
Speaker 6: had to go by the they had to do. The
8:47
Speaker 6: rankings were seating based on what the WV S s
8:50
Speaker 6: a C had decided before the review board changes.
8:53
Speaker 7: Everybody changed.
8:54
Speaker 6: Everybody changed everybody's category in August.
8:57
Speaker 7: So you got you know, circuit.
9:00
Speaker 6: Court order and Wood County saying this, and you got
9:03
Speaker 6: one from Mason County saying you got to do these
9:05
Speaker 6: playoff games. And my niece is in the vand it's
9:08
Speaker 6: int Albans.
9:09
Speaker 7: So there they were.
9:10
Speaker 6: It was like Friday night before they thought they were
9:13
Speaker 6: going to go. I think they were going to play
9:15
Speaker 6: in Hurricane and then the playing game, of course, that
9:16
Speaker 6: got canceled, and so I think there were some other
9:19
Speaker 6: counties that maybe there was some circuit court orders their team. Okay, yeah,
9:24
Speaker 6: Wayne got thrown in there. So then you have so
9:26
Speaker 6: the w V.
9:27
Speaker 7: S S a C.
9:27
Speaker 6: Appeals to the Supreme Court and they filed I mean
9:31
Speaker 6: real quick briefing schedule, was like a couple of days
9:34
Speaker 6: to get their briefs filed on it, which was easy
9:36
Speaker 6: to do because it's not a case that you need
9:37
Speaker 6: a lot of factual development on. I mean, you know
9:39
Speaker 6: what the facts are. Frankly, the law is not really
9:42
Speaker 6: that complicated on this scenario. So that I think the
9:46
Speaker 6: the local school boards uh fouled their responses on Monday,
9:51
Speaker 6: and then we got a ruling I think Tuesday evening
9:53
Speaker 6: or Tuesday afternoon, as I predicted, or I thought, uh,
10:00
Speaker 6: you know, the Supreme Court basically there's there's some pretty
10:03
Speaker 6: well black letter law at this point that with very
10:06
Speaker 6: few exceptions there are, and there was one in this case.
10:08
Speaker 7: Actually, the courts really.
10:10
Speaker 6: Don't have uh discretion to modify the inner internal decisions
10:18
Speaker 6: or rules of the w v S S A C.
10:21
Speaker 6: So they basically set aside all of these circuit court
10:27
Speaker 6: orders regarding UH reworking the playoffs, et cetera, and said,
10:31
Speaker 6: you know, youve got to go back to the w
10:34
Speaker 6: V S S A C rankings, et cetera, and their
10:39
Speaker 6: their playoff format as the ce you entered the season,
10:42
Speaker 6: which wasn't the That was what the review board ultimately
10:44
Speaker 6: they said, not necessarily w V S S A C.
10:47
Speaker 6: So you're back to square one with the playoffs going today.
10:50
Speaker 6: And there's you know, there's there's a lot of that
10:53
Speaker 6: if you if you look at w V S S
10:54
Speaker 6: A C. There's there's a lot of circuit courts still
10:58
Speaker 6: make rulings and that and then they get appealed, and
11:01
Speaker 6: this is one it's you know, I don't know that
11:03
Speaker 6: there was a if you have a constitutional challenge or
11:07
Speaker 6: something like that, or discrimination or something that's governed by
11:10
Speaker 6: federal law, that's when the court might step in. But
11:13
Speaker 6: if you, I think a way to frame it maybe
11:16
Speaker 6: is if it's just you don't like the inner decisions
11:19
Speaker 6: of the WVSSAC, like how they recategorize teams now, if
11:24
Speaker 6: it's based on racial discrimination or something like that, then
11:27
Speaker 6: we're getting into a different angle. But if it's if
11:30
Speaker 6: it's just because you don't like it or you thought
11:33
Speaker 6: you were generally not treated fairly as your high school
11:36
Speaker 6: that is, then really there's very limited court review. And
11:41
Speaker 6: that's what essentially our Supreme Court reiterated in their short
11:45
Speaker 6: order this week is that, you know, there's just our
11:49
Speaker 6: circuit court, our judicial system can't get into those internal
11:53
Speaker 6: workings unless there's some exception to that.
11:56
Speaker 7: You don't have.
11:57
Speaker 6: There's no judicial discretion for that discretion to over ride
12:01
Speaker 6: a properly enacted rule or scheme by the wv S.
12:05
Speaker 6: SAC And that's what Supreme Court ruled. So that's where
12:08
Speaker 6: we are.
12:09
Speaker 5: It was an interesting class and Tom Payton's here a
12:11
Speaker 5: Peyton Law firm in Nitro three O four three four
12:14
Speaker 5: two eight one three one. Again that's our number, new
12:17
Speaker 5: number for some of you listeners, three O four three
12:19
Speaker 5: four two eight one three one to get a hold
12:22
Speaker 5: of Tom. Interesting class between the sports world and the
12:25
Speaker 5: court world. And a lot of people who cover the
12:27
Speaker 5: sports world, yeah, a lot they don't understand the court world,
12:31
Speaker 5: that's right.
12:31
Speaker 6: And and parents, you know, or and students seniors. I mean,
12:35
Speaker 6: they're all very like Saint Almos was going to be
12:36
Speaker 6: in based on one of these circuit court rulings, and
12:38
Speaker 6: Saint Alms is going to be able to do a
12:40
Speaker 6: play in game based on the other one. And so
12:41
Speaker 6: now they're out, and so it's it's, uh, I'm sure
12:44
Speaker 6: the kids win or lose, would have liked to play
12:46
Speaker 6: one more game, and so it's it's an emotionally charged,
12:50
Speaker 6: uh situation. And you know, if you're a parent of
12:53
Speaker 6: a child playing a sport and they're a senior, and
12:56
Speaker 6: you know, all this legal talk doesn't really mean a
12:58
Speaker 6: whole lot. It's it's more like, how can we get
13:01
Speaker 6: this extra game at all costs?
13:02
Speaker 7: And that's the feeling you happen.
13:03
Speaker 6: There's nothing wrong with that, but in the end it
13:06
Speaker 6: gets Now there was a there's a to contrast that
13:10
Speaker 6: there was a case where the court did interfere and
13:14
Speaker 6: the WVSSAC decided not to appeal it. And it's a
13:17
Speaker 6: good example because they felt like they were wrong. Actually,
13:20
Speaker 6: I think by the time it got done and that
13:22
Speaker 6: was so this one, maybe with two games or one
13:25
Speaker 6: game left in the regular season, Spring Mills was ranked
13:27
Speaker 6: number two. They're up in Berkeley County or yeah, so
13:31
Speaker 6: eastern Panhandle, and the WVSSAC ruled at that time that
13:38
Speaker 6: they had an ineligible player play in four games I think,
13:41
Speaker 6: and I don't think it was like starting. It was
13:42
Speaker 6: kind of a role player maybe so it's but it
13:47
Speaker 6: the issue was some kind of type, some kind of guardianship.
13:51
Speaker 7: Or a rule where they don't live.
13:54
Speaker 6: With their parents, they come and live with a guardian
13:57
Speaker 6: in that county or what in that school.
14:00
Speaker 5: It's almost like a hardship rule, like a federal rule,
14:03
Speaker 5: like a homeless.
14:04
Speaker 6: Well that's what the wvs SA seed didn't. I mean,
14:08
Speaker 6: they said, you know, you have to go by they
14:10
Speaker 6: have a real harsh rule. Actually, when I was reading it,
14:12
Speaker 6: you know about if you if a child doesn't have
14:15
Speaker 6: their isn't living with their natural or adopted parents, and
14:18
Speaker 6: they're live with a guardian or something like that, for example,
14:22
Speaker 6: they can only play. Now, this is oversimplifying it. There
14:24
Speaker 6: are more exceptions, but like in this case, they were
14:26
Speaker 6: saying that that player can only play on JV or something.
14:29
Speaker 6: They couldn't play in the varsity team, and this player did.
14:33
Speaker 6: So what that did was when you when you give spring,
14:36
Speaker 6: keep in mind the ranking system is pure formula. You
14:39
Speaker 6: can think of it as computer. When spring Mills gets
14:42
Speaker 6: four losses because they'd only lost one game maybe maybe
14:45
Speaker 6: to Martinsburg or something, so the number one team, so
14:49
Speaker 6: they were definitely going to be the number two seed.
14:51
Speaker 6: When you throw in that system up, move these four
14:53
Speaker 6: wins to four losses, all of a sudden you have
14:56
Speaker 6: Spring Mills is like an eight or nine seed or
14:58
Speaker 6: something like that, which creates a real mess because they
15:02
Speaker 6: could be you know, in essence, you could have the
15:04
Speaker 6: two best teams playing in the second round or something
15:07
Speaker 6: because they have four losses based on the technicality. But
15:12
Speaker 6: then last week or the week before Spring Mills were
15:17
Speaker 6: the Board of Education up their fiulal lawsuit in the
15:19
Speaker 6: circuit court and alleged that that ruling on ineligibility was
15:23
Speaker 6: improper and the player was in fact eligible, and that
15:29
Speaker 6: situation there was a federal law that controls and yeah,
15:32
Speaker 6: it's kind of a child warefare law. And that was
15:35
Speaker 6: the argument. It's like, well, you have the WVSSAC can
15:38
Speaker 6: have this rule, however unfair it is. It's preempted, meaning
15:43
Speaker 6: there's a federal rule that controls this situation and overrides
15:47
Speaker 6: the WVSSAC rule and that's what the.
15:51
Speaker 7: Circuit court found.
15:52
Speaker 6: So then we have an order last week from a
15:54
Speaker 6: circuit court in Berkeley County saying, well this this spring
15:59
Speaker 6: Mills is, you know, did how their player was not ineligible?
16:02
Speaker 6: So now they get their four wins back, which through
16:06
Speaker 6: the seating back a whole other way, which is uh,
16:09
Speaker 6: but to their credit, I think wvs SAC decided not
16:13
Speaker 6: to appeal that one, so that one stands. And that's
16:15
Speaker 6: an example where the courts. It's one of those limited
16:17
Speaker 6: exceptions where the courts can interfere with their decision and
16:22
Speaker 6: straighten it out and then they're just gonna leave it
16:24
Speaker 6: at that. So now spring Mills, instead of being eight
16:27
Speaker 6: to nine ten see whatever they want to be, is
16:29
Speaker 6: back to the number two. See, so they've all of
16:31
Speaker 6: it's now set in stone. There is no further appeal,
16:34
Speaker 6: I mean, petition for rehearing, but that's not gonna get
16:38
Speaker 6: anywhere because there's nothing new to discover and tell the court.
16:42
Speaker 6: So anyway, a lot of a lot of lawyers working,
16:45
Speaker 6: a lot of maneuvering. All it goes back to where
16:48
Speaker 6: we started a few weeks ago. I guess, all right,
16:51
Speaker 6: but maybe they'll look. Oh and then during the process
16:54
Speaker 6: of course, going back to where I started, why did
16:56
Speaker 6: they Why did the wv S SAC even mess with
17:00
Speaker 6: the category formula in the first place. Then they went
17:03
Speaker 6: back and had a meeting and now they came up
17:05
Speaker 6: with new criteria for this offseason, right like there's I
17:08
Speaker 6: think it's just I think they're simplifying other I think
17:11
Speaker 6: there maybe it's there's some socioeconomic factor maybe, but then
17:16
Speaker 6: it's student enrollment. It just really needs to be something
17:20
Speaker 6: objective other than like this competitiveness component or something you
17:24
Speaker 6: go in there trying change it up every year to
17:26
Speaker 6: make teams more competitive with each other. That's really not
17:30
Speaker 6: something in my mind, you can do effectively. And I
17:33
Speaker 6: think socioeconomics can be a factor because you can see
17:37
Speaker 6: what kind of facilities a school has and things like that,
17:40
Speaker 6: because you know, some funding is driven by the demographic
17:43
Speaker 6: and the you know, property tax and that kind of thing,
17:46
Speaker 6: so that would be fair. But otherwise, I think it's
17:48
Speaker 6: got to be basically student enrollment, and that's the.
17:52
Speaker 7: Way it is. But I don't know the root of
17:54
Speaker 7: why it was. There's some motivation to do this last
17:58
Speaker 7: off season.
17:59
Speaker 5: I mean, it's a principal run organization. So the principals
18:03
Speaker 5: wanted it. I mean they're the smaller schools. I mean
18:05
Speaker 5: they wanted it, you know, because it's been in basketball
18:08
Speaker 5: for about four years, so they wanted to expand into
18:11
Speaker 5: other sports. So that's kind of where.
18:14
Speaker 7: You know, why Doday want that? I mean, like why
18:16
Speaker 7: I have.
18:16
Speaker 5: More more kids getting the playoffs, more opportunity to win
18:19
Speaker 5: state championship.
18:20
Speaker 7: Yeah, spread it out.
18:21
Speaker 6: So yeah, I guess if you have less teams with
18:26
Speaker 6: more categories, then you have a better chance of filtering
18:29
Speaker 6: to the top, or you hope that you'll be putting
18:31
Speaker 6: a category where you can beat the other teams versus
18:34
Speaker 6: what you've been dealing with.
18:35
Speaker 5: I mean, it's worked in basketball. It means to be
18:37
Speaker 5: seen if it would be as successful in the other sports.
18:39
Speaker 5: But we'll see.
18:40
Speaker 6: And certainly, you know, having a sixteen team, you know,
18:44
Speaker 6: class doesn't make I mean that's that's not to me.
18:47
Speaker 6: That's not good to have sixteen teams in the class
18:49
Speaker 6: and they all make the playoffs.
18:50
Speaker 5: No, that's not the way it was supposed to be.
18:52
Speaker 5: All Right, we're going to take a break. Tom's with
18:54
Speaker 5: us again. The number three oh four three four two
18:56
Speaker 5: eight one three one three oh four three four two
19:00
Speaker 5: eight one three oh one to be on with Tom
19:02
Speaker 5: or back in a moment of five eighty wcchs this.
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20:06
Speaker 3: Put the power of payte on the side.
20:10
Speaker 4: We have the court room experience such your need. We
20:15
Speaker 4: never give up. We're prepared to fight for your rights.
20:20
Speaker 4: When you need.
20:21
Speaker 3: Action, count on us. Put the power up paint on
20:29
Speaker 3: your side, the power.
20:31
Speaker 5: Up pay eight on five eight WCS the Voice of
20:34
Speaker 5: Charleston Jeff Jenkins with you, Tom Peyton and the Peyton
20:37
Speaker 5: Law Firm in Nitro. Three oh four three four two
20:40
Speaker 5: eight one three one is our number. Three oh four
20:43
Speaker 5: three four two eight one three one and the lines
20:47
Speaker 5: are open because Tom's got a giveaway.
20:49
Speaker 7: Sure, so we'll see if we can give this away.
20:51
Speaker 6: Talking about football, but no, Dad and I went to
20:54
Speaker 6: the Mountaineer game last Saturday and it was a good trip,
20:57
Speaker 6: little little chili but uh in the in the performance
21:00
Speaker 6: was real chilly by the Mountaineers.
21:02
Speaker 7: But we've got our ticket package available for this.
21:04
Speaker 6: Weekend, so it's uh they're playing you see if I
21:07
Speaker 6: think it's a three thirty start. So we got four
21:09
Speaker 6: tickets fifth row but at second level, good place to
21:12
Speaker 6: watch the game. We have those little seatbacks that are
21:16
Speaker 6: installed on them so you get to sit on the
21:18
Speaker 6: you don't have to sit on the illuminum bench. And
21:21
Speaker 6: we also have a blue lot pass. It's included.
21:23
Speaker 5: Wow, So how about that.
21:24
Speaker 7: We'll see if this new number works. If anybody wants these.
21:28
Speaker 5: Someone call but yeah, Maybee, Well, I don't know.
21:31
Speaker 7: I don't want to have them sitting at my office
21:33
Speaker 7: come Saturday. I hate that.
21:34
Speaker 6: For somebody will want them, I think, But I thought,
21:36
Speaker 6: you know, we usually do a little trivia thing.
21:38
Speaker 7: So here's an easy one.
21:39
Speaker 6: So the power of Payton is kind of the jingle
21:42
Speaker 6: we have, and it is and we sit that, but
21:43
Speaker 6: we also have another slogan and it's it's it's a
21:46
Speaker 6: kind of a quote that Dad came up with, I
21:48
Speaker 6: believe years and years ago, and it's right on our websites.
21:51
Speaker 6: If you can begins with the word what. So there's
21:54
Speaker 6: an easy clue so you can get on the website
21:56
Speaker 6: and you'll see what that is and call in and
21:59
Speaker 6: tell us what that is. And these, uh, I've got
22:01
Speaker 6: them here with me, so you can pick them up.
22:02
Speaker 6: I can leave them at the station here or I
22:05
Speaker 6: can take them back to Nitro where they can.
22:06
Speaker 7: Be picked up.
22:07
Speaker 6: But here's a blue lot pass if you don't get
22:09
Speaker 6: to go to the games. All that it's gonna be
22:10
Speaker 6: a little chilly on on Saturday. It's important game for
22:13
Speaker 6: the Mountaineers. I think they're five and five, and so
22:15
Speaker 6: they need a win in one of the last two games, uh,
22:19
Speaker 6: to become BOE eligible. And you also have I mean,
22:23
Speaker 6: i'd say no, Brown's kind of teetering right now, and
22:27
Speaker 6: and UCF has lost like oh gosh, I think they've
22:31
Speaker 6: lost like six their last seven games or something like that.
22:33
Speaker 7: So we I think we're favored.
22:35
Speaker 5: They're favored. They were Oh man, that's uh, here's the number.
22:40
Speaker 7: Here's the number.
22:40
Speaker 5: Three three oh four, three four two eight one three
22:45
Speaker 5: one called that number for these tickets and to answer
22:48
Speaker 5: the trivia question, three oh four three four two eight
22:50
Speaker 5: one three. And you can get the answer to the
22:52
Speaker 5: trivia question by going to Peyton Lawfirm dot com.
22:54
Speaker 7: That's right, you can get it there.
22:56
Speaker 5: Three oh four three four two eight one three one
22:59
Speaker 5: three oh four three three four two eight one three one.
23:02
Speaker 6: Okay, Yeah, if we don't get any calls here, then
23:03
Speaker 6: we'll find it. I'm not gonna I'm not gonna waste
23:05
Speaker 6: one in your tickets. Somebody will want to use these
23:07
Speaker 6: that's the good thing. So we'll we'll get them somewhere
23:09
Speaker 6: if nobody wants them.
23:10
Speaker 7: But if you want to.
23:11
Speaker 6: Make a trip up there, maybe you're already going and
23:13
Speaker 6: eat some extra tickets or one another blue lot pass,
23:15
Speaker 6: then here you go. And yeah, I just think that
23:19
Speaker 6: if he if they lose this game, it's gonna be
23:22
Speaker 6: then they have to go to Texas Tech and they
23:24
Speaker 6: would have to win that one to become both eligible.
23:26
Speaker 7: And if that's a tough one.
23:28
Speaker 6: So over there, if you can't get past UCF this weekend,
23:32
Speaker 6: then you lose the last game, they're not bow eligible.
23:34
Speaker 6: They'll be five and seven on a season, had a lot.
23:38
Speaker 7: I had a lot of optimism.
23:39
Speaker 6: My prediction was nine and three, which went out the
23:41
Speaker 6: window a long time ago. And of course I think
23:43
Speaker 6: back to the pit game where you get up a
23:44
Speaker 6: ten point lead in like three minutes or two minutes.
23:47
Speaker 6: It's already makes me sick of my stomach even talk about.
23:50
Speaker 6: But anyway that if you want those tickets, give us
23:53
Speaker 6: a call and and we'll, uh.
23:57
Speaker 5: We'll take care well get them too.
23:59
Speaker 6: Yeah, let's about the turkey drop out out there today too.
24:02
Speaker 6: So I didn't I didn't bring a frozen turkey this
24:05
Speaker 6: morning because I didn't know about it. But I'm going
24:07
Speaker 6: to go make a monetary Do you.
24:08
Speaker 5: Can make a monetary donation yet? Three O four three
24:11
Speaker 5: four two eight one three runs the number for the
24:12
Speaker 5: tickets three oh four three four two eight one three one.
24:17
Speaker 5: And if anyway, I hope someone calls. It might be
24:20
Speaker 5: more about the mountaineers though than it is about our number. Yeah,
24:25
Speaker 5: hopefully maybe maybe, So we'll see. It's been we talk
24:29
Speaker 5: more about, uh about things happening in the law. It's
24:32
Speaker 5: been seems to me it's been you know, it's just
24:35
Speaker 5: been really active, you know, things going on.
24:38
Speaker 6: Yeah, certainly going around our office. We're staying really busy.
24:42
Speaker 6: Actually had a little turnover in the office. So we've
24:44
Speaker 6: got new employee coming in Shannon here in a couple
24:46
Speaker 6: of weeks, so we're looking forward to that be my
24:49
Speaker 6: primary payer Leegal. But uh, yeah, we're staying right busy.
24:52
Speaker 6: And you know, we've been talking about some stuff with
24:54
Speaker 6: the w v S, S A C.
24:56
Speaker 7: And we do a lot of things.
24:57
Speaker 6: I haven't had one of those cases, I don't think.
24:59
Speaker 6: And it's not a decade or more high school eligibility,
25:03
Speaker 6: but what we do primarily or a general practice law firm,
25:07
Speaker 6: but we'd like to do litigation.
25:08
Speaker 7: That's what we do. We try cases.
25:10
Speaker 6: It's kind of like you know, you prepare, prepare, prepare,
25:13
Speaker 6: and the trial is like the game, and so you
25:16
Speaker 6: hate to be Oh, we got a call.
25:17
Speaker 5: We got a caller. Okay, caller, you're on there with Tom.
25:19
Speaker 5: Do you have the answer to the question?
25:22
Speaker 11: I do?
25:22
Speaker 7: Yeah, go ahead, what.
25:24
Speaker 11: A law firm should be?
25:26
Speaker 7: Hey, there you go.
25:27
Speaker 5: Okay, And what's your name?
25:30
Speaker 11: Bill?
25:31
Speaker 7: Bill?
25:31
Speaker 5: Okay, Bill? Where do you want to pick these up?
25:33
Speaker 5: At the down at the law firm or here at
25:35
Speaker 5: the station.
25:36
Speaker 11: I'll do the law firm.
25:38
Speaker 5: That's okay, Okay, I'm going.
25:39
Speaker 6: I gotta go do some title work real quick after
25:41
Speaker 6: this at the courthouse. Then I'll have them back, so
25:43
Speaker 6: they'll be there by ten o'clock this morning. We'll just
25:46
Speaker 6: leave them up front anytime today or tomorrow between eight
25:48
Speaker 6: am and five pm. And hope you get some use
25:52
Speaker 6: out of them, Bill, and hope hope the Mountaineers perform
25:54
Speaker 6: for you.
25:55
Speaker 11: Okay, Well, thank you.
25:56
Speaker 12: I appreciate it, all.
25:57
Speaker 5: Right, Bill, thank you? Well, there you go.
25:59
Speaker 7: All right?
26:00
Speaker 6: The number work and people still want to go to
26:02
Speaker 6: the Mountaineer game this week. There you go, two wins.
26:05
Speaker 6: That's a double win. I feel better that the rest
26:07
Speaker 6: of the day. So, but know what a law firm
26:10
Speaker 6: should be, and what we mean by that is kind
26:12
Speaker 6: of where I was going is, you know we do
26:15
Speaker 6: we do car wreck cases.
26:16
Speaker 7: We do.
26:17
Speaker 6: And you know, if you have trouble with an insurance company,
26:19
Speaker 6: life insurance, homeowners insurance, automobile insurance, you've been heard or
26:23
Speaker 6: or they're denying acclaim. That's kind of what I would
26:26
Speaker 6: say our bread and butter is we litigate a lot
26:28
Speaker 6: of those cases. We like doing trial work like that.
26:32
Speaker 6: We tend to do well with juris and that helps
26:36
Speaker 6: you get cases settle, and we don't. We're at the
26:38
Speaker 6: Walmart law law firms. We're not the biggest in the
26:41
Speaker 6: in West Virginia, we're not the biggest in the country.
26:44
Speaker 6: But what we do is if we take your case,
26:45
Speaker 6: we give it real particular attention. I mean, follow it
26:47
Speaker 6: from the beginning to the end, and you I know
26:50
Speaker 6: the details and the facts of pretty much every single
26:53
Speaker 6: case that I have. But what we mean by what
26:55
Speaker 6: a law firm should be, we also don't have folks
26:58
Speaker 6: call us with everyday questions where we just tell.
26:59
Speaker 7: Them we don't do that. We only do the big cases.
27:02
Speaker 6: And you know, you see, obviously automobile accident cases are
27:06
Speaker 6: appealing to attorneys because I think whenever I pop in
27:10
Speaker 6: to try and watch the new news, it's just flooded
27:12
Speaker 6: with you know, if you've been in a car wreck
27:15
Speaker 6: type And that's the kind of advertising we do too,
27:17
Speaker 6: because that's the competitive market for lawyers is to you know,
27:20
Speaker 6: those cases are good, and so all we ask is
27:22
Speaker 6: if you have one of those cases, give us a
27:26
Speaker 6: call or consider us. And but if you have a
27:30
Speaker 6: question about a boundary line dispute, you need a deed drafted,
27:34
Speaker 6: you need some basic estate planning done, you have applied
27:37
Speaker 6: for so security disability and you have some questions or
27:39
Speaker 6: need some help with that. We don't do much of it,
27:42
Speaker 6: but you know, we know how to. So if you
27:44
Speaker 6: have some questions about a worker's compassu family law, do
27:48
Speaker 6: some criminal defense. So that's what we mean by what
27:51
Speaker 6: a law firm should be is is that's how we
27:52
Speaker 6: kind of envision it, which is, you know, ultimately we're
27:56
Speaker 6: trying to help people solve their problems, and we try
28:01
Speaker 6: to help people solve their problems no matter what their
28:03
Speaker 6: legal issue is. And and of course, as we say,
28:05
Speaker 6: if we don't, you know, we don't do bankrupt so
28:07
Speaker 6: we don't do income tax work or complicated tax work,
28:10
Speaker 6: but we know lawyer's that do or or we'ld be
28:13
Speaker 6: willing to help you. And so we can give you
28:14
Speaker 6: a name. And so we've kind of lived and by
28:19
Speaker 6: that mantra all the time. And you can call here
28:21
Speaker 6: with legal questions, but you can also send questions to
28:24
Speaker 6: us through the website, or you can give us a
28:26
Speaker 6: call at the office. And we never start the hourly
28:29
Speaker 6: rate ticking, you know when you when you call those
28:31
Speaker 6: those consultations initially are always free and we won't charge
28:35
Speaker 6: you anything for our time unless we have you know,
28:38
Speaker 6: an understanding and an agreement in that regard before we
28:42
Speaker 6: send you a bill. And and you know, all of
28:45
Speaker 6: our injury type cases and other we do some lemon
28:48
Speaker 6: law and some cases where you've been harmed physically or
28:51
Speaker 6: financially ordinarily and in every car rat case pretty much
28:56
Speaker 6: we take those on contingency fee, so you don't necessarily
29:00
Speaker 6: or you won't pay us a fee unless we get
29:02
Speaker 6: a recovery for you. So when you hear lawyer's ads
29:04
Speaker 6: saying that that's how everybody does it pretty much as
29:09
Speaker 6: far as automobile accidents and things like that. So you know,
29:12
Speaker 6: if we go through and it's a difficult case and
29:15
Speaker 6: you know there's a dispute about whose fault it is,
29:17
Speaker 6: they say they had the green light, you say you
29:19
Speaker 6: had the green light, and we try the case and
29:22
Speaker 6: it doesn't turn out well, and you don't know as
29:24
Speaker 6: anything for our time, even though we may have spent
29:27
Speaker 6: a thousand and more hours on it, and you don't
29:29
Speaker 6: pay us back for any cost with advanced which could
29:31
Speaker 6: be thousands and thousands of dollars. So, but especially with
29:35
Speaker 6: technology these days, we're able to really sand toto to
29:40
Speaker 6: and compete, I think quite confidently with any big insurance
29:44
Speaker 6: company or bigger law firms that defend these cases. And
29:48
Speaker 6: actually I think we have an advantage not just our
29:52
Speaker 6: kind of skill and talent, but because we're smaller and
29:55
Speaker 6: we the more you know about your case, good or bad,
29:59
Speaker 6: the more paired you're going to be for that trial,
30:04
Speaker 6: and being prepared for trial. I mean ready, that's what
30:06
Speaker 6: get cases settled ultimately.
30:08
Speaker 5: Yeah, and I always like to bring this up towards
30:11
Speaker 5: the end of the year, and I don't know if
30:12
Speaker 5: Uncle will be back on with you before the end
30:13
Speaker 5: of the year. Maybe, but you know, fans will be
30:15
Speaker 5: getting together. It's not a bad time to have a
30:18
Speaker 5: conversation about do you have a will done? You sure
30:22
Speaker 5: you know those type of things.
30:23
Speaker 7: Right, and that's those are you know.
30:25
Speaker 6: I don't think about it too much because I've just
30:28
Speaker 6: been doing wills for twenty some years. But sometimes difficult
30:31
Speaker 6: thing to think about people that come in. I'm you know,
30:34
Speaker 6: sometimes it's the sense people don't like to think about
30:36
Speaker 6: that end of life and things like that. But you know,
30:38
Speaker 6: you do wills for a couple of reasons. One to
30:41
Speaker 6: make sure the folks you want to receive your property
30:44
Speaker 6: are getting it. But two, there's a lot of things
30:46
Speaker 6: in the wills that we draft that make it easier
30:48
Speaker 6: on your family when you pass away, even if the
30:50
Speaker 6: same people are getting your property that would get it
30:53
Speaker 6: otherwise if you did not have a will. And if
30:55
Speaker 6: you're doing a simple will, then it's it's relatively inexpensive
30:59
Speaker 6: and it's a couple of trips to our office, so
31:01
Speaker 6: it's not a big deal. But it's a you know,
31:03
Speaker 6: will is a private document. It's not filed anywhere publicly,
31:06
Speaker 6: or shouldn't be until you pass away. So I always
31:09
Speaker 6: tell my clients and there's no reason really to give
31:11
Speaker 6: these wills to your children. You can talk to them
31:14
Speaker 6: about it, but you know, you can't predict the future,
31:16
Speaker 6: and if you change your mind to do another will,
31:17
Speaker 6: you've given somebody an old one that might create expectations
31:22
Speaker 6: that don't come through. So it's ultimately your estate plan
31:25
Speaker 6: is a private matter. But you're welcome to talk to
31:28
Speaker 6: your family. But just thinking about getting that done is
31:31
Speaker 6: a good idea. And it's you know, relatively inexpensive as
31:35
Speaker 6: far as lawyers go to and very little time. You know,
31:38
Speaker 6: you come in for two appointments. Each one might last
31:40
Speaker 6: forty five minutes to an hour.
31:42
Speaker 5: Let's go back to the phone.
31:43
Speaker 7: Say you've got a call.
31:43
Speaker 5: Go okay, go ahead, You win with Tom Payton. Thanks
31:45
Speaker 5: for calling.
31:48
Speaker 11: Tom.
31:48
Speaker 12: A favorite question Above the road expanse and they're going
31:53
Speaker 12: down in Tayze Valley in Putsall County. Well, legally, I
31:58
Speaker 12: guess they're supposed to advertised meetings and stuff. Well they
32:03
Speaker 12: had one that nobody knew about, So I called a
32:07
Speaker 12: transportation to people try to talk to him about it
32:10
Speaker 12: and asked if they put out flyers and stuff. But
32:16
Speaker 12: they're putting us through Tayes Valley Road with little to
32:20
Speaker 12: any public input, and they're taking people's They said, they're
32:27
Speaker 12: not taking any houses, but they're you know, he wants
32:31
Speaker 12: the road ten foot from your house, right and then
32:34
Speaker 12: on top of that, they're putting in a stupid bike lane.
32:39
Speaker 12: You know, I live probably forty fifty yards off.
32:42
Speaker 11: The main road. They want to put a bike lane,
32:46
Speaker 11: so you're going to have people strangers walking and riding
32:49
Speaker 11: right beside your house. And I asked the two people
32:53
Speaker 11: live in subdivisions who apparently want the bike lane, I said,
32:57
Speaker 11: do you want a bike lane up in your subdivision
33:00
Speaker 11: riding right behind your house? Well, but if you drive
33:04
Speaker 11: out the Pays Valley Road, it's extremely narrow and dangerous
33:09
Speaker 11: as it is. And next time you're down haw Greer
33:14
Speaker 11: Boulevard tour to end, look at what the bike paths
33:17
Speaker 11: has done. It's married to lane's way down. Nobody used it.
33:23
Speaker 7: Yeah, you're referencing in Scott Depot.
33:26
Speaker 6: The they're going to do an expansion between like maybe
33:28
Speaker 6: where Kroger is all the way down I think to
33:31
Speaker 6: the Crooked Creek Interchange. Is that what you're referencing that area? Yes, sir, okay, yeah,
33:36
Speaker 6: so yeah, I'm somewhat familiar with that. I know they
33:38
Speaker 6: had some public meetings. I'm not sure there's a legal
33:41
Speaker 6: requirement on the public meetings. There may be, but I'm
33:45
Speaker 6: familiar with it because I'm the president and have been
33:47
Speaker 6: for a number of years at the Dumont Trey County
33:49
Speaker 6: YMCA right there. And so we we just put in
33:52
Speaker 6: a really nice sign out by the road digital and uh,
33:57
Speaker 6: maybe a year and a half ago, and then well
33:59
Speaker 6: here comes the deal, I guess, contractor putting a stake in,
34:03
Speaker 6: you know, ten yards our side of our brand new sign.
34:07
Speaker 6: Of course they're gonnt have to pay to have it moved,
34:09
Speaker 6: but and of course a bike lane, that's a matter
34:12
Speaker 6: of taste, I guess. But no, of course they have to.
34:18
Speaker 6: They'll come out and try and reach agreements with you,
34:20
Speaker 6: and if you agree on the price they want to pay,
34:22
Speaker 6: you know that there's a temporariasement for construction where they
34:25
Speaker 6: can use a part of your land. Sometimes that's in
34:27
Speaker 6: there while the project's going on. And then of course
34:30
Speaker 6: there's ultimately a take meaning in essence, the property is
34:34
Speaker 6: deeded over to Department of Highways. Now you don't have
34:38
Speaker 6: to agree with any of that, and if you don't,
34:42
Speaker 6: they mean they don't really have any inherent right to
34:44
Speaker 6: just come on your land and start doing work. They
34:46
Speaker 6: have to file a petition for condemnation in the Circuit
34:51
Speaker 6: Court of Putnam County. And then now they can deposit
34:54
Speaker 6: what they say your property is worth it they're taking,
34:57
Speaker 6: and then you kind of battle the rest of the
34:59
Speaker 6: way over what else you think you would be entitled
35:03
Speaker 6: to receive. Unfortunately or fortunately, depend on how you look
35:06
Speaker 6: at it. With the callers referencing about an expansion of
35:09
Speaker 6: a busy road like that, not a whole lot you
35:12
Speaker 6: can do to stop it. DH has a lot of
35:14
Speaker 6: discretion in that regard, and so it's probably going to
35:18
Speaker 6: go through just a matter of how much you get compensated.
35:22
Speaker 6: And sometimes you can negotiate some better entry to the
35:25
Speaker 6: road from your home or something like that, but it's
35:28
Speaker 6: generally an amount of money and you get a jury
35:30
Speaker 6: trial on that ultimately of freeholders.
35:34
Speaker 7: And actually I have.
35:35
Speaker 6: Three residents from Buffalo I'm representing right now where we
35:41
Speaker 6: did try and stop the They just DH wants to
35:46
Speaker 6: cut corners and expand I think for trucks to come
35:48
Speaker 6: in and out of a private basically to help a
35:51
Speaker 6: private business. I haven't seen any traffic studies yet. There's
35:54
Speaker 6: not that much traffic there now. But same complaint. I mean,
35:59
Speaker 6: we're still in it, but in the case, but you know,
36:02
Speaker 6: they're going to cut into my client's yards and then
36:04
Speaker 6: there's probably going to be trucks going in there. And
36:06
Speaker 6: you take you have a thirty foot front yard and
36:08
Speaker 6: you make it twenty foot and all of a sudden
36:10
Speaker 6: there's trucks coming in. I mean, how is that going
36:11
Speaker 6: to affect the value your property because you have noise
36:14
Speaker 6: coming in now it's this much closer and debris and
36:17
Speaker 6: all that kind of thing.
36:17
Speaker 7: So we're into that. I tried to stop it.
36:20
Speaker 6: Unfortunately the circuit just didn't agree with my clients and
36:23
Speaker 6: let them do it because this company has a right away,
36:26
Speaker 6: a private right away that's wide enough for them just
36:29
Speaker 6: to access the public road. So DH bent to this
36:34
Speaker 6: company apparently, and there might be some other reasons. We
36:37
Speaker 6: really haven't got into it, but I thought it was
36:39
Speaker 6: a bad use of DH discretion in this case because
36:42
Speaker 6: the private company when they bought their land away from
36:45
Speaker 6: the public road, bought it from an entity that still
36:49
Speaker 6: owns some property between them and the public road, and
36:51
Speaker 6: there was in the deed it said you also get
36:53
Speaker 6: a forty foot right away that gives you access to
36:55
Speaker 6: the public road. Instead, they're moving on down and having
36:58
Speaker 6: the state pay to expect in the road and take
37:01
Speaker 6: my client's property and in essence ruined some of it.
37:04
Speaker 6: But uh, and there are some political connections. You know,
37:07
Speaker 6: there's some players that are in those companies back there
37:09
Speaker 6: that are politically connected. So we argued we should be
37:12
Speaker 6: able to get into that and figure out why they're
37:14
Speaker 6: doing this because it's not in the public interest, and
37:16
Speaker 6: unfortunately we lost that. Those are difficult arguments. So the
37:19
Speaker 6: expansion he was talking about is uh probably going to happen.
37:22
Speaker 7: It's just kind of a matter of money. We're running
37:24
Speaker 7: out of time.
37:25
Speaker 5: You're out Peyton Law Firm.
37:26
Speaker 6: Oh right, yeah, yeah, three or four seven five five,
37:30
Speaker 6: five five six, that's all right, right.
37:32
Speaker 5: That's right, three or four seven, five five fifty five
37:34
Speaker 5: fifty six Casinia time you too?
37:35
Speaker 7: All right?
37:36
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