WWL>Topics>>12-18 8:10 am All Things Legal

12-18 8:10 am All Things Legal

Dec 18, 2016|

Doug Sunseri and Albert Nicaud discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

And research of the current state of the law on the issues involved. As a result the information provided by the attorneys in guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice communications with the attorneys on this program whether verbal or digital do not create an attorney client relationship. Today good morning persons particularly we can callers all things legal because his call at 2601872601. A jedi are Texas City 7870. Will answer you or legal questions and now we're on for three hours today. Launched from eight to eleven is so last chauffeurs 2016. And we start our ninth season. January 8. Every weekend Albert goes on one nauert anecdotes and service won't do it. On Christmas edition. The law. And you know. Okay America Dave is it okay say Merry Christmas. Merry Christmas and Christmas to him and in two we are going. And we happy Honecker and happy holidays and and and how is this is this week now. You know it's funny we. Till brief story that we armament of fourth Louisiana hospitality foundation and we've discussed a lot of this before we put on the seafood festival we did. Gleason gras for years we did you know would we do a lot of things for the hospitality industry. And one of the things that we've done and more recently we've spun off a little. Company called happy stand as we just formed a little jealousy two little group of nonprofit group. And there is a there is day home across the river and they'll trees and it's called pedal house. And it's a Catholic Charities foundation home basically. It's a home for severely disabled children that have been abandoned to the state. And so each year. We we get together a bunch of sand as we dressed like Santa Claus. And we've purchase. Gifts for the kids think is usually Sox pitcher can basic needs but if they can appreciated toy of some sort we obviously throughs and and we also buy gift card to things for the caretakers who really do all that and their hard work. Day in day out year in Europe. Come. But getting back to the Chanukah story one of our one of our beneficiary RRO. Patrons is is Jewish to all and read sailor suits and has a bluesy in the suit. And circus apparently and I asked him to lose yet blue the blues has significance with with the Honecker. And so. So he had a blue sailor suit with via accuse the Jews say. He's got a rubio group it's courtroom in the room good fun attitude we got to put got together for a great cause we winters. Missing Christmas carols and pass out gifts and we raised much think about 101000 dollar but there. They needed to. Bathtubs and things that were. And so they can help these kids and help of caretakers brave and easier and you know the cabinets were falling off the walls we went in and redo the cabinets we've had a lot of capital improvements over the years ago. Begin inspected and there's good Honecker I think he's he's got the blues and mr. Mario de Janeiro and we have. With the sort of led to talk about saints will be today at the but now okay there was an interesting question who. Okay would that and I hate to say this we shouldn't say this. With the saints be better off that lossless three X streak in the long term well you know. Would you you you you talking maybe if you pick away. OK for for example. Would if the saints are picking ninth or eighth in ten next year and winner for net is on the board. Woody did because if they win the next three games money order and music on and dropped that low. I think QB out I think he's liable to go to nine or ten and yes I think if the saints upwards he is well I don't know how he wouldn't be your top five. They don't like to pick running backs the top spot now as legal Ezekiel Eliot sought of read. His performance has caused some of them Appel Scott's REIT thing. Whether an account should be. I'm actually I think they've got to know that that that. His success. Is based on dallas' offensive line. Yes no question about it right. No question but does that go on first when they did you go fly first in last year they had a star running back who's got an average season this year so Morales. And so pretty Ezekiel Elliott. Is different means means he's he to take nothing away from me he's a very good running back but. At the same time. No question. I'm not I'm not doubting that once sacking I'm just saying if the saints misses this is my hypothesis. If the saints lose an extra gains when you're drafting I think it's 80% chance to let the hornets on the board. That's what I think. And if it is. Would because the states if they go five and eleven they might be pick in theaters next thing they might be in the top spot so if you have that situation. Would Wu would chew with the saints. The defensive back you think Dave. I'm I'm I don't I don't know unless it's Deion Sanders com. I think he's gone if there's a linebacker out there you gotta go there. Unless it's the you know a policy like if there aren't try to interest be you know on the offensive line. Well and and Pete is has done he he's he's improving. If he's still he's America. Right and I you know again I'm just I'm just I'm just saying that if the saints. You know now when I think McCain should win. And went out we will pull for sure I'm just asking that theoretical question brought with the saints be better off they lost the next three games. And is a boo boo. This season means nothing from now would would Sean Payton and Mickey Loomis be better off. You know if they lose the next three games in their record. You know in their record is really bad. In other good news is a lot of the dead money is gone this year they're still gonna have some Kazuo have been the likes of Gerris burden those guys they just really meets a bit decisions on. You know Brandon brown army and is still paying people that are that are just not on the team anymore that that that brought not lower table. Yeah like I'm Dave Dave Parse at our end here home. Distill paint Jimmie are still engineering right. To go play somewhere else right right we paid a big. Signing bonus at we're paying for that Seattle benefiting from and again you know this is nobody to go home. You know it to two you know Tom Benson got the fire anybody. And so you know I mean until it really starts hurting. And people stop going to the gains and you know. The beauty of New Orleans is. They have Drew Brees has been even though he's thrown three or another year it even exactly want even though he's throwing three interceptions. The last three games. If he's on the field you've got a chance to win. We we got a phone call based on on on the question is whether saints not need to lose or they better off who's got bearing upon a barrier and all things legal attacks in serie nominee goes from Tom sports. Will motive yet this could be your ego and upward outlook probably quit would be quote the Great Britain for saint. What people at all if they beat me in credit at a time out Brett thought. It would go noted we want the fate that we are that we will walk out there could be the late group were you in other. It won't be here it was brick building and they go at it probably but. The incredible. Barack got one question for. The are these honorary. One there all right let me ask one question. If the saints. In April. Letter for nets on the board you pick them enough. Absolutely. You definitely report put it because I believe they've. You're open up our third you're not there in the pokey. Our people come strong here he Robert Eckert who have been Eagles and opened a bit more coal we're concerned there's just out Beardsley. Salute. Well I don't get it. All right thanks much so that radio there there's one. That. There's one that says yes we need well I mean. If it happens it happens it's obvious obvious is just it just think this is something interesting to talk about because we're not talking about playoffs. And we're not talking about we not even talking about the Randall at that if the falcons lose and the giants lose and the Redskins tough guy. That we will still we're still in the race would even beyond. That the conversation so moved back rule will talk you know talk about the theoretical you know are really like to. I Galvin who. For forest state and actually I think he might even work better in the saints' offense because. He would have more hybrid of you know running and also. Well and that's that's the other thing you know we knew when you make a selection like when it for now. I think you have to decide what you wanna be going forward from an offensive standpoint. Because. If you were if you if you're picking. A guy ice. You know then all of a sudden he plugged right into. But Drew Brees type offense by he would if you Reggie Bush yet but you gonna run the ball Daryn scroll over the time if you if you got four net because. You know and it in the gap and it's a shame because. You know less miles and crew did not utilized Ornette I think enough in the passing game. And in in I don't know if anybody knows if that's because. He's not effective in the passing game or if that's just they just never called a play that put him out you know. As a wide out to two run a route against the linebacker. You know he was a power guy that they were gonna hit the ball to and he's he's gonna break go along. Now that one of the reasons we're talking saints football is on trio. That's up we've centrifuge that we do that anyway but we did we do have a Texas says the pick on a morning at seven. Our p.s on the Borden says no way do not draft report that the saints to not on the balls they committed to Ron. But well and that's come a point but you guys got to decide who you would have been act just like Peyton Manning is last couple years. As she did as he gets older and at some point. The skills may diminish a little bit even though he is bionic man he's been Superman so bore. That they did the same thing with Elway. When Elway it was the last couple years it Terrell Davis and you'll run first pass second and ones who doubles if they have to transition to that. To accommodate. Drew Brees. Even more advanced age than four on four and I would. You know would be. A good but let's let's go to break the ducks and there over Nico you we gamblers all things legal sometimes sports. We'll be right back after his brief time today were backed out there Auburn because you were Jewelers all things like let's go to Beaumont is that a marriage got a question regarding quick claims and bond proceeds they Mary you know all things legal ducks are now over Nikko. Good morning gentlemen. That first. Yeah it's far is. The saints and formed and first round tropics. We have a history of abysmal. First round there decisions. But that's true of most scenes if you look at the history of draft picks for all 32 teams. You'll see that first round optics are just not worth the money he'd be better off trading. Your first round pick every year concentrated on second third fourth round picks. Or like New England does. Marion you or a 100% right there and that's. Are out we said that any a second and fourth round pick. Might be more valuable than a first round late first round pick. And. Yeah like anything they have to get over that that stand emotion about who's going to be number one. Who's going to be our first and that's a lot of excitement and the NFL teams build on. If you trade your first. There's elect them among the sense. But we have better players. I am absolutely 100%. Correct and in fact when the saints from the Super Bowl year it was it was built with fifth round picks. Jerry Evans knicks a seventh round pick Marcus Colston. And basically. The heart of the team was from round three to around six. In ages hit and so they go you gotta question regarding. I knew my last comment on the picks if you took all of saying sticks. From the beginning to the end what are crappy team we would. Well that's starts with less Kelly 1967. Maitre today. And today. A fullback and I think his line darkening tournament pull back though this an aunt and you know. Gotta like less miles want to make yes deck press got a idea ya ya ya ya you always got to bring us and it. Are we to go forward Marian. Quickly and bond for the some. Property in the metro area I'm selling it is uses. Offering for sale it is. An old pals that it uses. Uninhabited. As a number of airs involved and I'm wondering whether the best thing to do it and selling it it is. Use the bomb for deed. Which would still give me control over the property kind of like ranch own situation. And or it is just. Use of quick claim. That would allow me to yet. The family. Owners sellers. All overall responsibility. In just. What are your thoughts. And I'm you have you have co owners with few on the property. Okay. Do they want out of. Yes everyone wants out there are questions about. Who has already gotten out and was there are donation in the past and was there transfer in the past and it's not as clear as it should. In and who's obviously everybody wants a little profit it is does everyone want out. For the same reason to they wanna do is donate the property and to get off the tax rolls or or is there. A reason you know they wanna maybe try to sell certain. Makes an alien. Money and it's partly get out from under their response oh my goodness no one was there still taxes being paid still maintenance the gone. Mean I mean it's bladed her anything have. Yet and probably years but it it's. I guess not to actually board it. And you know if you really want to be done with a coupon for deed is is probably not the way to go because and you got to worry about it. Whoever is going to pay them you know pay the note on peace and you know but with the in quick claim everybody just signs it over to someone else and it's it's essentially a donation and you know you leave it up to the bothered to do all the property researcher setter on 22. To find out. You know the abstract and see who the owners oranges get all the owners decide quickly and leave the they basically say I'm I'm donating to you giving you all the interest I have in this property would be. Assuming there and then you know the bonds indeed would be a situation where someone. You give them the rights of ownership of the property which should hang on to. The title I guess what the deed and in the event that they don't pay off. These. Loans make those payments over the period of time. You can then take the property that is opposed to going through the the foreclosure process. Our interest in the bond for deed is primarily. In the event any fire. Walks away from the man that is left are leaves us with the responsibility. Of closure. I think. Was it below nano bot indeed titles not on tenders until the end of the agreement right. It's like it's like an addiction more then then for cloture. But you get to keep whatever has been paid up front right and you're not. Going shares it with a properties and so. But look we're up on the behalf. Of marriage as Colin 83713048371304. Yards further questions will be Clinton handsome tipped property quickly Deb Deb on this Tommy Terry Taylor is gonna burst is Madonna and they were back Texans have a Nico you we caller's. All things legal and Albert your former quarterback at Saint Paul it settle and it we we're well aware of chronicled your career on our show us your promises the court room. Great running quarterback and so on but we have some very serious has happened in Saint Paul this on November 11 Michael daughter who's a defensive back for Saint Paul gotten collision with a show all. It and polished financial additional. Offensive player and he is now on you severely injured in a he had a NASA and a broken vertebrae at the C five level. And he has. Basically no feeling low doses I think his shield area. He's and villages background he hit the hit. In the and he went under. Eight hours of surgery at lake view hospital. And now he's going through rehab. For. I think in Atlanta with the Christopher Reeve hospital. And we got Aaron two on joined on the line. Who is if you went to Sany Angela if if if he went to San Angelo with me you'd be known as Erin Gardiner. But as the last 3035 years she's now Aaron Joyner. And this is action minded Michael's cousin executions gonna give us an update on. Michael and how these two managers who background. Are you there and. I am here thank you for having me on that precinct at. Thank you it was good to see you last night and just tell us just tell slow about it a bit about what happened to Michael and you know. In his give his his progress. So I eat that he was hurt. Claiming that thank Pollack came on November 11 I feel like you do wait. Blame injuries is that they're a final court is like a highway and the information. Is going to damn I'd like from the grain. To your body to me and Michael has he was injured and the CIP. Area had to block in the green and and the signal to move. But it's not able to go to the block and he is that shepherd center in Atlanta. At that time doing rehab work he would at that moment able to admit his arm. And his bread and they're working on getting them Ingraham is meant but at that point we have no movement at it and. Now Michael's junior as saying all of that. And yes. Well I mean lot plane went pollen means. Even what it acts than an army and we talked about it and he that you got and grateful. He was able to play our and he how to combat gear why. But. I'm not next here. The rail that equally aren't there any football player truly understand you work all career and high school junior high and finally make it a bar. And so basically after the injury he he was currently view hospital and they had a very long operation that the men are and then it would. In the and they days he's moved now to separate hospital the Christopher Reeve. I want it. Did we don't really crypto very Christopher Reid did some. Went there all has it all that skeptic senator instantly. And so he and he's in rehab right now are out now when you have this type of injury it is. You know aside from the heartbreak in the U difficulties of you know. Paltry you know what may happen refugee had the reality of the medical bills are correct. On that Alison tells little bit about what's going on with that. Okay at this point obviously insurance will cover map Michael medical and but now we're starting to rise in Q how does he beat Mott a and he might need at this time what he is an electric wheelchair. And you at this point will come home at some point in the wheelchair and Pol Pot by apple has been my life. At our hand in able to go into you know to take eight technique. And all that important Michael and me a vehicle that going to be able to transport and then. And hopefully you know to speak out on our vehicle it. But by and make it you know easier. So it's have you joined us Michael daughter who's a saint Paul's on defense to back off on November 11 was entered the football game in Shaw. He was as a severe injury to see Robert Berry. He and his team news. Trance he was initially treated like you've hospital it was in two or three weeks in intensive care. And I've been transferred to share the hospital he's undergoing rehab. And Aaron you're you're his cousin in new trial. Would you trying to raise some money for him for his care and for his life airing of guilt and some sort of go fund community. We do we have to buy all my might or go on. Page and all of the Whitney all Whitney's we have the majority in the that you can donate to that. And you build Doherty for those that wanna go type that in their computer and your jacket out. DO AE. Are. Eli. It now armed. Tell us some if somebody went to donate to these funds just tells hello how they could go about doing. We you can actually go to any Whitney bank anywhere he. Might catch you they are very well aware that these epic that could make our. And Michael Doherty and an account and they look at pot back into the ED not eat at our church and then I'll stand on the Internet ever go on any page is mighty Michael Doherty of hot Nikkei. You just just to see you know a couple seconds just tell us a little bit about Michael outside of football and and then he he's a junior team in Saint Paul and I'm I'm sure she's good student because I thought. I have a question to a his schooling you know since since November 11 has he been able to keep up with about it a you know. Sending him his work in and it's equally be put behind it all but by the it's accurate from from a graduation stage. At that point on Saint Paul was able to get had a rocket great at that point which Shia had Barry good great till December when the new masters start at separate standard and actually acute and Michael will be tutored. On to keep up with the great. Now now also to will head coach coach who's wrong return them to Alvin grow. Probably medicine out of Iraq and Iran and I'm sure people continue to reach out would arm now and you know look in the future are you. How about you do this on you gonna keep us updated yeah how well. To Michael's progress so if if anybody want to help Michael they could do Whitney bank. And make it pop Michael lottery fond or they could could go on me on FaceBook is that correct that. Our. And so all right well we just which which we wanna see Michael back on the field next year and we knew we were believe that'll happen. And is there anything else you wanna leave this week regarding Michael. Yes thank you I want you know most of we need prayer because Michael has a strong say. And you believe in god helping period and and all that he appreciate. I have re Warren asking how he's doing and every letter that it and their camp and children. On average fool Rommel gently she read I have read latter here so grateful without reach it need to realize that. That his story is gonna is gonna go all with the story and help other people. And so I didn't tragedy goodwill and will and we've seen it are rat with you know outpouring of the war. Well what we're believing that Michael is gonna get back on its feet next year and he's going to be plight and so on and so we're gonna believing that and then now why aren't we that we'll check back with you. Probably a couple months see how Michael's doing it there's any thing that any type of fundraisers or some formal if you get back with a smoky bear by abreast of his progress. Why aren't. They thank you. Thank you so much Aaron. Let's go to break Texans are Albert because you weaken our resolve things we will be right back there is street Thomas. All right gentlemen. Hold dual. I'll look on a low organ or a plumbing company and he quit because they had him work your way way late. The witty quit date whit held out of there is let's check a significant amount of money that goes. He gave a beer don't but we'll broken brain under why out. I'm the product that right when broken Wendy Cutler refute the parent company. And their withholding. That fund at a ball down dude. Dude just up over what about hundred dollars and they would alternate but two other contact with a company. They can't. Yet this the short version is they can't do that. Unless there's some written policy allowing them to make this deductions. No there's no policy at that obvious that is Abbott got the odd racked. And that would protect and you know what might be 10. Andy well the contract out possible broken right. Okay here's a law on that he's entitled to get paid his entire Paulus monies earned. If if if you hear of key under the law he can make a demand port. If he makes a demand. And it's not paid. The implore it would be responsible for payment. The woods do in possibly there in bad faith ninety days pays an attorney's fees. Now generally. You can not take out. Money for damages. Incurred during the course and scope of your employment unless there's a written policy has agreed upon. Part two so what I would suggest he do get about a minute is to make it demand. For payment or wages to be doesn't proceed attorney. And he's the employer could possibly be liable. For ninety days day in attorneys' fees in addition to with dale hold them. The legislatures makes them very strong laws because they wanna make sure that employees get paid. When a separate unemployment. And you have to in the east laws give planning and sent to lawyers to say you know what. You can't withhold money this one quits on you you know like what they did if you don't we gonna penalize you did. And be sure to send them letters are certified mail yet so that when you have a little evidence of effect did receive. Our bill. All right there they give is colony 3713048371304. On the Will Smith trial. We have last Sunday when ripe before they went deliberations and Joseph pretty much called it right. As for as burst balls analysis was brilliant if you wanted to know what was going on and it's in the Will Smith. Prague about a minute and a half to keep. Can did to give it to use in in in that manner. In two I think he had a bead on. You know was gonna happen I think he would lose it it appeared it was heading to load a manslaughter. Direction and Nam. I think he was right on so he's going to be on it but tennis and I Albert. But yet after Aaron after the suggestion and so SAT in but I I think Joseph had probably the best. In sight that Charlton any anyone in Nam to despair obviously in testing in seemed like. The district attorney was happy with the U analysts satisfied with the results you think thank. It seemed like a team that I chose set and very beginning the hard part was going to be explain in the symbols. That help the fan that's right seven shots. So we'll do that to where we've gone two hours three hours today so we're going to be gone on to 11 o'clock so finish our number one. A vaulting legal we're gonna go to. National news local news and we've back which are responding in our number two so stay tuned for. Are numb to vaulting legal Lucy in ten minutes.