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re: LeBlanc family files suit, alleges Benson's incapacity

Posted on 1/23/15 at 7:56 am to
Posted by TigerinATL
Member since Feb 2005
61520 posts
Posted on 1/23/15 at 7:56 am to
quote:

If he passes then Tom and Gayle will win, if he fails then the LeBlancs will win. Unless anyone (posters) has had any first hand dealings with Tom recently we are all just throwing crap at a wall.



What is the standard for incompetence? I did a little digging and couldn't find specific criteria, but this article says that people are only found incompetent 20% of the time LINK / This one talks about using all kinds of hygene clues as red flags which shouldn't be a problem for Benson since he's got people to do that for him. LINK I've had relatives that have had Alzheimers and based on how Benson has performed at Pelicans related functions, I really don't think he's boarded the crazy train yet. He does seem old, but he doesn't seem incapacitated.
Posted by notiger1997
Metairie
Member since May 2009
58160 posts
Posted on 1/23/15 at 8:43 am to
quote:

He does seem old, but he doesn't seem incapacitated.


This.
One of the legal experts on WWL this morning said that this move by Rita and company is an act of desperation. He compared it to a team having to throw a hail mary from their own 1 as far as what he thinks their chances are in this.
Posted by GeauxColonels
Tottenham Fan | LSU Fan
Member since Oct 2009
25604 posts
Posted on 1/23/15 at 9:31 am to
quote:

It doesn't seem to read the same as the letter he sent to his family in December. Reads to me as if someone else wrote this statement.

I'm sure his legal team had a great deal of influence in this official statement to the media. The letter was never meant to be officially released. So it's not unexpected that the style of writing in the 2 would be different. That being said, the letter looks really odd.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 1/23/15 at 9:38 am to
I apologize in advance for not reading the whole thread(s) and not having a lot of knowledge of the behind the scenes with the people involved, and I hate to be "that guy" that posts the same shite over again, but:

On one hand, it sounds like Rita is just an awful person (present situation notwithstanding) based on volume of comments and opinions (here and overall media). Although the stage as set in the petition obviously make Gayle seem bad (which is what petitions are supposed to do), she seems very nice based on interviews and opinions.

But, a few observations:
1. Why was Rita allowed so much control and involvement for so long if she's that awful?

2. The moves taken by Benson et al seem pretty punitive and mean-spirited, not just taking away control of the Saint/Pels and other entities, but transferring all accounts, not paying rents or bills, trying to ban from public venues, etc. That's not like just "She's not a good manager" that's more like "I absolutely disdain this person and want to hurt them in any way possible." Perhaps it was warranted given how Rita seems, but it's not like she became that way overnight.

3. If the statements in the petition regarding the attempted transfer of assets are true (and they seem easy to prove/disprove), that's a huge indicator of foul play.

4. The overall breadth of the things done by Benson just look very erratic and capricious to me.

5. Gayle controlling Tom, limiting access, etc. First glance looks like a huge red flag, but (having had to deal with crazy family) if Rita et al are that crazy and toxic, I could see wanting to keep them at a safe distance.

Of course, it could be that they're all crazy and/or mean - or they're all okay people and just very entrenched in this toxic dynamic that you see a lot in the family law arena.

PS - a caller to the Bobby and Deke show last night, calling himself a former employee of the Saints, said he passed Rita in the hall and gave her a standard Good Morning greeting, she looked at him blankly like he was crazy or stupid and then kept walking...shortly thereafter he was called into his bosses office and reprimanded for speaking to her and soon got a pink slip.
Posted by DVA Tailgater
Bunkie
Member since Jan 2011
2931 posts
Posted on 1/23/15 at 9:44 am to
quote:

PS - a caller to the Bobby and Deke show last night, calling himself a former employee of the Saints, said he passed Rita in the hall and gave her a standard Good Morning greeting, she looked at him blankly like he was crazy or stupid and then kept walking...shortly thereafter he was called into his bosses office and reprimanded for speaking to her and soon got a pink slip.



You're a better man than me, I tuned for a second while the Hangover was talking Pels, and I couldn't handle the ignorance being spewed by Bobby and Deke.

Other than that, great recap and thoughts on the situation. It all smells IMO. It will be nice to get some answers from Benson's reply/answer petition about what the Leblancs did to fall out of favor. Rita was winning awards for executive skills once upon a time.
This post was edited on 1/23/15 at 9:56 am
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 1/23/15 at 10:06 am to
Suppose he is deemed competent.

Does Tom have the capacity to remove the saints from the trust? Supposing he can replace it with assets of like value, what if he can not replace with like value?

That would seem hard to do, no?

So even if he is competent, the Saints and Pels are in a trust, operated by Gayle and a trustee, for the benefit of Rita et, al.....?

Lol, this is a shite show regardless of what happens.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 1/23/15 at 10:08 am to
quote:

goatmilker LeBlanc family files suit, alleges Benson's incapacity What judge in the state of Louisiana wants to be the one that gives the Saints to the Rita's and watch them move?


This may be great grounds for change of venue/appeal.....
Posted by Rickety Cricket
Premium Member
Member since Aug 2007
46883 posts
Posted on 1/23/15 at 10:11 am to
Kaare Johnson coming in hot...
quote:

@kaaretalknola: Brees' camp says they prefer Gayle over Rita. He says players like Gayle over Rita as well. All on the hush hush but that is exactly it

quote:

@kaaretalknola: Who broke Brees' bad knee story? Who was the only one who had Brees out for 2 weeks during camp? And now this. Brees and team want Gayle!
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 1/23/15 at 10:15 am to
I would think the NFL wants Gayle too. It seems the whole organization, anyone associated with the organization wants Gayle.

The only people of note who want Rita have a financial interest in her side prevailing.
Posted by Bayouphi
Mid City
Member since Sep 2003
718 posts
Posted on 1/23/15 at 11:06 am to
I really wonder what the opinion of Mr Bensons other 4 living children is on this matter.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 1/23/15 at 12:15 pm to
Would love to hear, but it is irrelevant.
Posted by tigerpawl
Can't get there from here.
Member since Dec 2003
22320 posts
Posted on 1/23/15 at 1:39 pm to
Is it me or did Gayle step in and cut the interview short? LINK

This post was edited on 1/23/15 at 2:04 pm
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 1/23/15 at 1:48 pm to
As she should. Pretty sure the lawyers would advise to keep,the interviews short and sweet.
Posted by Jake88
Member since Apr 2005
68322 posts
Posted on 1/23/15 at 2:43 pm to
Why are the other four not a consideration for this? I didn't know he had four other children. Are they adopted like Renee? And, if not, if they are biological, why are they not mentioned?
Posted by NOSHAU
Member since Feb 2012
11923 posts
Posted on 1/23/15 at 2:46 pm to
quote:

I really wonder what the opinion of Mr Bensons other 4 living children is on this matter.
What 4 living children? I thought he had 2 other children who are deceased.
Posted by lsupride87
Member since Dec 2007
95493 posts
Posted on 1/23/15 at 4:51 pm to
quote:

Who broke Brees' bad knee story? Who was the only one who had Brees out for 2 weeks during camp? And now this. Brees and team want Gayle!
This really has no bearing. I dont care if Rita is the biggest bitch of all time, if Tom is not competent and someone is in his ear making his decisions than this is bs for the LeBlancs. If Tom is competent then all if fair
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422673 posts
Posted on 1/23/15 at 6:28 pm to
quote:

They have a very tough row to hoe under Louisiana law when it comes to competency to manage affairs and dispose of one's estate. In other words, absent a split from reality or total lack of free will (both of which are extremely difficult to establish with competing psychiatrists), he can do whatever the frick he wants.

yeah i don't think people really realize how hard it is to interdict somebody
Posted by TigerinATL
Member since Feb 2005
61520 posts
Posted on 1/23/15 at 6:58 pm to
quote:

i don't think people really realize how hard it is to interdict somebody



The stat I posted earlier was 20% get declared incompetent, so it doesn't work often, but I'm sure this is a standard strategy against old people. Competency was the first thing Sterling's wife threw at him.

Benson's valuation of the franchises he tried to use in swapping out the trusts was comical though. If he can't pull the teams out of the trusts, would that even change how the teams are run? Being the beneficiaries of the trust doesn't give them any control over the assets in the trust, right?
Posted by EmperorGout
I hate all of you.
Member since Feb 2008
11270 posts
Posted on 1/23/15 at 6:59 pm to
No, I think most people realize how little chance Rita's suit actually has to succeed, except for the couple of yahoos in this thread who've been thoroughly mocked on pretty much every page.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422673 posts
Posted on 1/23/15 at 7:05 pm to
quote:

The stat I posted earlier was 20% get declared incompetent, so it doesn't work often, but I'm sure this is a standard strategy against old people. Competency was the first thing Sterling's wife threw at him.

i'd imagine a LARGE % of those 20% are people who are legit incapacitated, like on a vent or similar intense hospitalization

quote:

Being the beneficiaries of the trust doesn't give them any control over the assets in the trust, right?

no but i can throw on lawyerhat and say that running the business today wasn't his focus and he fears long-term management by rita, et al
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