EP 27 | Vail's Avalanche, 'We Listen But We Don't Judge' & Love Story's Crash Landing

Jason Sanjana and Kevin Eckhardt open with the shot heard round the NCAA Tournament (00:01:32)Braylon Mullins' 35 foot buzzer beater that completed a 19 point UConn comeback to stun No. 1 overall seed Duke 73 to 72 in the Elite Eight. Jason confesses to rewatching the postgame press conference on repeat, Kevin sets aside his Syracuse era UConn hatred to celebrate, and the two trade stories about hating Duke, including Kevin's rejection letter despite a recommendation from Coach K himself.

From there (00:06:07), the conversation turns to the federal antitrust class action filed in the U.S. District Court for the District of Colorado against Vail Resorts and Alterra Mountain Company. The lawsuit, brought by DiCello Levitt, Berger Montague PC, and Salahi PC, alleges an illegal duopoly in which Epic Pass and Ikon Pass bundling schemes inflate day pass prices, now as high as $356 at Vail, and coerce consumers into buying season passes they don't need. The hosts walk through the Sherman Act Section 1 tying theory (00:08:06), the ESPN/Disney parallel from the Dish Network litigation Kevin is tracking at Octus (00:09:39), and why Vail's defense that Epic Pass reduced season pass prices by 60% when it launched in 2008 doesn't address the day pass problem (00:13:01). Kevin predicts the case settles with vouchers and coupons, but Jason flags the motion to dismiss as the real inflection point (00:18:41).

At (00:20:17), the hosts debut We Listen But We Don't Judge, a new segment inspired by the TikTok confessional format, applied to the bankruptcy and restructuring world. Three confessions follow: first, Judge Michael Kaplan appointing himself mediator in the Multi Color Corporation prepackaged Chapter 11 (00:22:18), a move so unprecedented the hosts can't find another example of a sitting judge mediating their own case. Second, White & Case's $14 million fee application as UCC counsel in ModivCare (00:31:19), where the debtors allege a partner threatened to run up $30 million in fees if the UCC didn't receive a $30 million payout, which Kevin and Jason argue is just good lawyering. Third, Burford Capital's $16 billion judgment against Argentina getting invalidated by the Second Circuit (00:34:25), wiping out a concentrated asset that underpinned the litigation funder's entire balance sheet.

After a fake WD 40 ad break (00:39:00), the show closes with a review of Ryan Murphy's FX series Love Story: John F. Kennedy Jr. & Carolyn Bessette (00:40:43). Despite record viewership and a 90s aesthetic that made Kevin want to smoke again, both hosts agree the nine episode series couldn't sustain itself on two characters who weren't written with enough depth to carry the story. Jason's biggest gripe: the show ignored the broader political and cultural context of late 90s America. Kevin's: the plane crash scene played like a parody. They agree the most interesting character, Jackie Kennedy played by Naomi Watts, got only three scenes.

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Hosted by Jason Sanjana & Kevin Eckhardt
Produced and Edited by Tanya Hubbard
A Production of The Octus Podcast Network