The news that a lawsuit has been filed against the Houston
Texans for their role
in allegedly. Enabling DeShaun Watson is behavior. Providing
him with a nondisclosure agreement for use
at these
private massage sessions. Once they became aware that there
may be an issue, somebody was making some noise on Instagram,
the reaction wasn't to find out exactly what it is that may
have happened and fix the situation and it
address the deeper problem
that may have existed or did exist.
It was here's a way to cover it all up. Here's a way to keep it
all quiet. Here's a way to get them to keep their mouths shut
if they're not happy about what happens in one of these private
massage was also providing a room at the houstonian,
providing a massage table.
The argument is
Houston's knew or should have known what was happening and
they failed to protect the individuals who became the prey
in this effort by DeShaun Watson to
find massage therapist who would give them massages and
then he would try to steer it towards something more than
a massage now.
It's an aggressive argument, it's an aggressive
interpretation of law because the Frontline defense is we're
not responsible for the criminal conduct of someone
else. We're not responsible for what
he did. When he commits a criminal act that supersedes
anything we may have done and we're not on any sort of
obligation to figure out whether or not. He's committing crimes.
All we know is he's getting these massages and we're
providing them with some material, his request.
Depends upon what the current state of Texas law is and how
it's developed over the years when it comes to the concept of
Duty, that's the key. They'll be a legal fight early on in
these cases I believe and we all know how many more there
will be Tony Busby
a lawyer who represents
these women say there could be many first of what could be many.
The argument will be, that the Texans had no legal duty
to these individuals who have no relationship to
the organization whatsoever. And again, it depends upon what
Texas law is and what will happen is And there's I don't
want to make this a continuing legal education class, but
the law is developed in primarily two ways,
one with some exceptions. One, A legislature
passes a law against signed into effect by
the chief executive, whether it's a governor
or the president, the other way, the law develops is one
case at a time, the rulings that are made in a given case
the reasoning that applies to a given case becomes relevant to
Future cases.
And that's most of what lawyers?
Do it because it's either past cases that have evolved
interpretations that have been applied to different cases, or
a statute. A law that's been passed and then how its
interpreted by the courts lawyers
in litigation for the most part, spend their time. Arguing
on behalf of clients, that certain cases that have been
decided by relevant courts in, the past should be applied
a certain way to these facts
and what happens is
sometimes given New set of facts
and a new set of facts,
it cries out for some form of Justice can cause the law to
get bent in a direction that it hadn't previously been before.
And in Texas, you get a case like this where
We see that an NDA was given by the Texans to DeShaun Watson.
I've seen a copy of the actual ndaa. It looks like it came
from a subpoena that was served on the Texans by the
lawyers representing the women. Suing DeShaun Watson. They had
it in their files assume what we gave him. He's admitted that
he got it from them
that that creates a situation where the law tries to find
a remedy
that there's just a visceral sense. Something was done that
should have been done. Done. So, we're going to find a way
through this maze to give this person. Just as that. That's
how so much of the legal sausage gets made. I remember
when I went to law
school, I thought it was
a formulaic episode. It was a check t''v that. The law was
a puzzle to be solved. It's really not, there is a lot of
play
in the joints of this structure. That is the law and
good lawyers
when you're asked to go from point A to point B.
You can get there, a bunch of different ways and really,
you're asked to get to point a or point B,
you start here. The end result is here here, a good lawyer can
make a compelling argument for either destination.
A judge audibly has to decide which destination is the right
one? That's why political affiliation ideology, it's so
important and it goes into the process of electing or
appointing judges. What is your mindset? What are your
philosophies?
It's been relevant.
For reasons, I won't discuss today, but discussed yesterday,
what's your mindset? Because your mindset will influence
whether or not you work your way through your maze, this
side, or you're working way through the Maze and on there.
But there's always a way to land wherever you want to land.
There's always play. It's very rare
that it's black and white. And there's no discretion to be
exercised. So Texas, law, long story. Bearable, Texas law will
go a long way toward determining whether or not
the Texans have a duty
to these individuals.
and if there is a Carly law to the effect that there
is a duty,
The right judge the plane is perspective or the wrong judge
from the Texans perspective. May find that, you know what,
under these circumstances
there is a duty to these individuals because you knew or
should have known what to Sean Watson
was doing. I think this also complicates Sean Watson
situation with the NFL. First of all, the demonstrates this
thing is going to continue to linger. Even if the cases
against him are over these cases, go forward with
the Texans is the Target
and DeShaun Watson
made. We will be testifying either in person or through
videotaped depositions to get edited and, and used
with the portions that are relevant to a given case.
But to the extent that we thought last
week that the train was pulling into the station. The reality
is another train is just pulling out of the station, so
all the more reason for the NFL to want an indefinite
suspension, it gives it flexibility
after this season to decide where everything is and where
everything should go from here.
It doesn't end the show on Watson's involvement in these
cases and this could be an entire new universe of
litigation that just continues to drag DeShaun Watson down.
And also also to the extent that we know owners routinely
call the commissioner and complain
about things and ask for certain things and
want other things. And
I can't imagine this only increases the temperature of
any Communications especially from Houston the Park Avenue
regarding what the Texans would like to see happen to Sean W
will. Cuz
he's made a mess. Now
that they have to pay for,
they won't want him playing this year, how they may not
want him ever playing again.