Welcome back to dig for dirt -- break here on ESPN Sports Radio -- eighty the fan our next guest is Tony Caruso. He joins us on the -- mortgage mobile hot line. He's a lot partner in California easy chair of sports media and entertainment here to -- this about Ed O'Bannon and the case the lawsuit. Down in California so how how did this lawsuit come about Tony. This walked to the actual final bout fought years ago and it's very. A part of an overwhelming wave of litigation now curry in the sports world against. The NCAA and other defendant in -- well it's basically either trend. Players in college sports that want to make more money than simply getting a culture. Tony when you talk about that this case -- I was really curious yesterday to hear about the Keller and E. A. SPORTS lawsuit that was settled for twenty million dollars and there was a lot of numbers that were thrown out about that to maybe. If they went through with the -- they could have ended up with fifty maybe even a hundred million dollars but they decided to settle first. First ever were you surprised about that settlement and do you think it'll play to disobey any case at all. The -- for accurate I was not surprised by it I think the settlement is always the best way because this is a very expect this kind of -- replicate. It's brand new and when you get something has graphical -- -- art Keller and go back to back out. That are higher risk that a judge won't go to Florida and expanding. They're getting onto the NCAA tobacco settlement -- not surprise me tactic it's probably good for Keller that they did settle. Your second question in the -- will definitely affect. The other pertinent cases as a matter of fact it probably will affect it more so with the litigation. Then the decision because I think politically may start to realize. That it's probably best to settle let me leave all the eggs in one basket in the market judge you really. Probably not the most qualified person on the track. Maybe just a law could be dangerous gamble. Assuming the NCAA in Albanian can't come to some settlement in during this process what would your defense would be if you were the NCAA in you're going against -- -- and what he's trying to fight for. That's a great question -- defense would desolate that he. But the NCAA has -- party to govern over at the collegiate -- and school. And that there's a problem out there that need to be dealt with internally and the NCAA is now making severe and -- to catch up. And to make this right and that the church and allow that to happen before a judge imposes his or her decision upon a self governing authority. Tony Caruso is our -- using nationally known sports and entertainment. Attorney -- public herself for -- where do you think the public perception falls. In this case and does that impact. The settlement at all what the public thinks. It is it. Social and economical. Source topical views in public or we play -- to a secret judges are human. And that potential -- no -- which is majority here in Europe and technically advanced trial now theatrics patrol straightforward -- certainly -- you read newspapers and read immediate prank. And they kind of -- which until public opinion all matters if I had to set. How public opinion is viewed. I'm in this case which is where I think right down the middle chased her probably think players should get something percent are going to be traditional say. You know they should get something and for me personally. I on both sides to -- are actually -- on the -- college football division one school and actually what he goes through. I see how I would academic -- are not as critical although the bright kid you know how could be it could -- among the American no. -- record the other studying but at or deterring. I think we have to keep college sports pure so. Maybe get these cute despite an etiquette these kids from better protection for sure and shouldn't and health benefits but surely. I would not agree with college player being employees and making content money whenever a school lark. Ideally we -- abandoned himself take -- take the stand yesterday gave his testimony and it was kind of hard to follow along you know and only no video they are now -- couldn't see exactly what he was -- we -- following along the snippets of some of his quotes. How I do think his testimony went three surprised by anything that he said. Not surprised I held your immediate to a pork factories and so what it. Consistent and strong in 2011 deposition testimony and now I will also be picked up on the fact that the judge will be confused Apatow. Draw on the witness which is never. Never develop good shot but it's not detrimental so. Most people when I go to court you know he's he's it and they're nervous so Carter really effective but the fact of the fact that secured -- with optional marched. How -- present themselves. They've they've brought on lay up island testimony today and I guy Dresser from Stanford University he's an economics professor and you know the point that he was making in terms of the question he's he'd said. I'm a model that looks great that's amateur that's still benefits the athletes as well. Is the Olympic -- all those athletes are amateurs for the most part and they're still able to go get their endorsements and still cash in. On their brand in likeness is that something you said you'd like them to just get a bigger Simon is that something you begin suitable way. She'd be a little more open minded to is adapting kind of the Olympic style of of amateur athletes being able to brand themselves. While I agree your comment that the NCAA need to get a lot more open market whether it -- -- -- model which is not a bad model. It's surely needs to catch up with the times so far as. Television and licensing rights which is really the case comes down to now. I -- think there should be a little bit more spreading around well when you're making you know -- hundreds of needling you a dollar. Like your bank is different here. Unlike electric model be your kids are meant to be going to school we get a good education. First and -- Now yeah they're playing a lot of sports builders spent a lot of time on the playing field but they're there for a reason in the -- foremost is to get an education like electric model where. Are competing for their country so. They're they're sort of like in a different on the competing for the country -- are not scared any more they compete. And when you match competition with licensing and television. The more direct connection and you -- a student who was studying. With making hundreds of thousands of the horse on the playing field. Tony Caruso is our guest here Ernie has -- Sports Radio to -- if -- is a sports contract specialist and it sports and entertainment attorney. We're talking about the Ed O'Bannon lawsuit. In terms of from a legal perspective say this settlement is they come up with some sort of agreement or the judge sides in favor of Ed O'Bannon. Moving forward what would that do to the NCAA. And -- their revenue but how they go about merchandising and everything that they do it'll be in and does -- win. It's -- -- winds first of all there's going to be an appeal it's going to be an appeal that's great. A -- -- to resolve the current U primary you go to the United States Court of Appeals after that in -- Supreme Court decide that the -- -- It'll be resolved that the secondary level but it took a chance at the Supreme Court. It may come down beyond Patrick and such a critical issue Coke. Unfortunately if they don't settle this issue my opinion will be unresolved for at least another 23 years. For some reason apparently nobody appeal which right now. Eckerd chains that -- to college sports and make. Television media outlook more careful what they do and it -- really -- -- wild market directly to shouldn't shall belong -- ago. In this situation I think from a legal analyst standpoint look at -- probably do is. Provide an injunction against certain rule -- regulation but remand the case back down and demand that the NCAA. Changes its rule could be more open. And they'll go crawl rule making process to see how it applies to wishful or away from any kind of real this year unless they travel. Tony shifting gears a little bit we we have had quite historian quite a circus in the NBA recently with Donald Sterling or you know announcing yesterday that his his. Lawsuit against the NBA is back on knees they against the sale of his team in the -- -- your thoughts and opinions on how that Donald -- thing has played out. Swiping. Giving mark commentary on the super the last several weeks and I from the very beginning -- I saw a lot of lawyers not television divorce lawyers saying about that or -- with the NBA. -- ownership control what happens. And that's the owners want you Al you are out this is not a constitutional right you have to own and then be eighteen apply. -- approved. He shot onto a multitude documents which say you are so -- be discretionary. Rule that they don't like you for whatever reason within reason you're out and get your fair value of your team can't be denied you're not entitled. Under our constitution this country. Are professional and so my point of view he has no okay. Just like -- mentioned it was eight rock signaling for his. Arbitration decision. Location and eventually got the right decision provision -- -- lawyers to back off. I think sterling you're probably getting bad advice maybe next up but he had no location in my opinion. -- the reason he's -- In -- complaint. You know a question of always wanted to ask an attorney is how accurate is that last seen in a few good men between Tom Cruise and Jack Nicholson is that something that would be allowed in real courtrooms. Are we now art ever since the there there there are -- in court but fortunately for the most part. It's it takes to long targeted the courtroom look at look at you'll back five years and and the trial opened up after -- -- waiting so. It's rare that you see those are the moment because most cases settle because -- electric iron and the risk at all. Tony Caruso with an unbelievable information on this and -- any case in the limited Donald Sterling as well he's a sports and entertainment. Attorney Tony are you on Twitter. I am among Twitter -- also you can refer to life blocking -- all my information sports entertainment attorney dot com. Sports entertainment attorney dot com listen you can check it out phenomenal stuff we'll also tweet out. This interview if you missed any of it Tony we appreciate your time great stuff and hopefully catch over the down the road. Here Tony Caruso was some great info and insight there were going to react to a couple of things he said. Including. About the future of the NCAA if an Albanian winds did portraits break served up by buffalo -- -- -- back after this on 1080 the fan.