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Kevin Krall: You're listening to
special programming sponsored by

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Stovall and Associates law firm.
The content of this program does

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not reflect the views or
opinions of 91.5 Jas and more.

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The University of Nevada Las
Vegas or the Board of Regents of

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the Nevada System of Higher
Education.

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Unknown: Las Vegas, this is
Laura center how butser your co

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host of Vegas law talk. I'm
joined by my wonderful host, Mr.

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Leslie Mark Stovall, Attorney at
Law.

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Good morning. How you doing?

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Doing great listeners, I'd like
you guys to know that today we

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are going to be discussing
current legal affairs. And in

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the last part of the show, we're
going to discuss how you can

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come to an estate planning
seminar. If you're interested in

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getting an estate plan set up,
which includes either getting a

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will a trust, a power of
attorney,

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Marisa, I was really interested
in prosecutions that are

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occurring in Germany, Germany is
appears to me to be taking the

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lead on prosecution of war
criminals coming out of Syria.

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As you know, 1000s, hundreds of
1000s of Syrian refugees went

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into Europe and a lot of them
ended up in Germany. The Germans

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are using a theory called
universal jurisdiction to

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prosecute these individuals for
war crimes. Last month, there

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were news reports about a
intelligence officer in the

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Syrian army that was prosecuted
and has been sentenced to life

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in prison. He was involved in
more than 5000 persons deaths in

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Syrian prisons, prior to his him
fleeing Syria for Germany. And

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recently, there's published
reports of a Syrian physician, a

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doctor, if you can believe it,
who was involved in the torture

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of Syrians that were in custody
during the Civil War. When was

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the Civil War? Well, is still
going on as far as I know, it

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started when we pulled out of
Iraq, so I think I think it's

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been going on for about 10 years
now. It's our Bashar is the

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president of Syria, and he has
tortured and use chemical

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weapons on his population. Why
would you do that? I don't think

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he wants to give up power, and
the Russians have been

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supporting his regime. But
what's interesting to me is that

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European countries France, for
example, in Germany are

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prosecuting these individuals
that were involved in

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suppression and torture of
Syrians in Europe, and they're

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using a theory called universal
jurisdiction. Have you ever

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heard of it? I have not. What
universal jurisdiction is this

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idea that a national court can
prosecute individuals for

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serious crimes against
international laws, such as

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crimes against humanity or war
crimes or genocide or torture?

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Now, the United States hasn't
universal jurisdiction. And in

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fact, it appears that the United
States criminal code would not

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allow for use of such a theory
because of the way it's

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structured. In the United
States. What has been used as

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the Alien Tort Statute? Well,
this is a it's been around a

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long time. And what it does is
it allows for non residents, non

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US resident aliens to come in
who are in the United States, if

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they've been injured outside of
the country, by a non US

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citizen, they can bring a an
action here in the United

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States, where the United States
has used the statute for

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prosecution of foreign persons
who have engaged in these kinds

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of acts. That statute requires
the defendant to be in the

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United States that they've acted
under color of law of their

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country, even corporations can
be prosecuted under this

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statute. And it's been used to
prosecute people for torture,

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extrajudicial killings, and
things like that here in the

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United States. I just think it's
really interesting that

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countries are European countries
are using this prosecute war

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crimes and and are currently
being very active in that issue.

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Have you seen anything recently
that's been of interest to you?

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I

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have the lawsuits and
settlements regarding the sexual

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assault of students.

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You know, University of Michigan
has just entered into a $490

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million settlement involving a
doctor, and this doctor had been

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employed by the University of
Michigan for over 30 years.

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He died recently though, well,
in 2008, right. Yeah. What was

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his name?

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Well, his name was Robert
Anderson, and he was a physician

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and he really dealt with a lot
of athletes at the University of

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Michigan.

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So he was like a Larry Nasser,

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kind of like a Larry Nasser, you
know,

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settled that lawsuit against the
Olympics for like 300 and

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something like 380 million.

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Yeah, it was a ton of money. And
you know, he was allowed and had

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access to students for 2030
years. Apparently he was also

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involved. NASA was involved in
the Olympics. Isn't he the guy

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that abused the gymnast?

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Yes. And there was a local
attorney. She was local. She

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moved away to Texas. But she was
a plaintiff in that lawsuit. She

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was in, in the Olympics, a
gymnast. And she announced the

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settlement and that she was a
defendant. So it was it's not

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confidential.

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Well, I gotta tell you, it's
kind of shocking. One of the

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things that seems to stand out
to me, or the does stand out to

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me about all these cases is
people within universities were

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aware this was going on in the
Nasser case. The other case was

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the Sandusky case at Penn State
is sick. And so you have these

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administrators or other people
within the university that are

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well aware of what's going on
and they don't report it and

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they allow it to continue on.
You know, the

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northeast part of the reason why
it settled for so much money,

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right? Well,

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that in the number of victims,
this guy Anderson, it's reported

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that there was over 1000
individuals who accused Dr.

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Anderson of sexual abuse at the
University of Michigan, if you

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can believe you would think that
that's one institution that

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would be very progressive and
its policies and reporting. Even

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the coach of the shum bachler,
who was the coach of the

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football team, his son was
sexually assaulted by Dr.

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Anderson when he was a student.
When you talk about the other

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settlements, 2013, Penn State
paid nearly 60 million for the

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couple dozen victims of Jerry
Sandusky, Michigan State paid

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$500 million in 202,018, the
victims of Dr. Nasser

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the statutes changed on
reporting sexual abuse and being

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able to sue or bring charges
against somebody criminally

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well, they

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have all over the country. For
example, Nevada, and this has

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been some time ago in 1990, the
Supreme Court said there was no

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statute of limitations on child
sexual assault claims, if the

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assault occurred when the
individual was a minor.

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Criminal. No, that's a civil
case. And here in Nevada, the

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statutes have been the criminal
statutes for sexual assault have

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been changed. So there's a 20
year statute of limitations on

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adults, if you are sexually
assaulted, and you report the

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sexual assault to the police,
that the statute of limitations

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is told the individual can be
prosecuted at any time. And if

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the sexual assault involves a
minor, or, or a sex trafficking

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of a minor, the statute of
limitations is age 36 of the

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victim.

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Now sexual assault is a pretty
broad term. That doesn't just

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mean rate, right? Station

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molestation, improper touching
of a person.

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So just means has to be a
contact me.

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That's right. A sexual contact
with a with an individual.

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Okay. And but if it was
something that didn't involve a

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contact, that would not be
sexual?

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Well, no, it in those kinds of
cases where you have like a

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hostile work environment or
somebody who is spouses

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themselves? Well, exposure is a
little bit different than

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exposure, I think may fall
under, it's not a sexual

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assault, it's lewdness. And
depending on what the

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consequences of lewd act are, I
think they're more serious

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consequences to that than simply
exposing yourself. It's it can

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be a very serious crime.
Interestingly enough, the

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University of North Carolina
School of Arts which has been

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around since the 60s, is a
premier school for arts

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including dance and paint and
things like that. They have just

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been named a defendant, as a
result of it looks to me like

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mostly dancers that were
involved in this for sexual

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abuse of students. And this goes
back for many years. In this

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lawsuit, it talks about another
29 defendants, eight of whom

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were recruited are accused of
actually sexually abusing

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students. And then 19 former
administrators who are named

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defendants who allowed this
cultural exploitation to exist,

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and that case,

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didn't they just settled the Boy
Scouts lawsuit and they're still

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looking for victims

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Boy Scout lawsuit? I think
they've set up a fund for

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victims. It's just amazing to me
that individuals who the sexual

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predators are allowed to be in
an environment where people

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don't report

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MTech sounds like people do
report and then it's being

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ignored.

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Well, that sure seems to be the
situation, these university

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cases.

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Yeah. And you've, you've done
quite an number of cases where

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you've represented victims of
sexual abuse and assault, right?

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I have, and what types of what
types of evidence is is used to

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prove those kinds of cases? It
just like a he said, she said,

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or you have to have like emails
or

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will often you either it's a
combination of evidence, you can

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have physical evidence where you
have a violent sexual assault on

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an individual. And, in fact, the
hospitals are set up in Metro

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setup, or local police
department to take victims who

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report and do a physical
examination. Most hospitals have

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certified nurses who do sexual
assault.

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But isn't there like a backlog
on processing those

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four genetic material? There is
a delay, but the physical

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examination there is not the
nurses available, she has the

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equipment necessary to do the
examination and photograph. They

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also do diagrams of the

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so what if somebody sexually
assaulted and they don't know,

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the perpetrator? Would they
still be able to sue somebody,

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there's two things that a victim
of sexual assault should do.

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First thing is they need to
report it to the police, they

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need to go to the hospital and
have a sexual assault done. If

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they were raped, or if there was
physical penetration. The second

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thing is they should contact a
lawyer because you have criminal

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prosecutions which are handled
through the police department.

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And then you have civil claim
related to the sexual assault

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the civil claims, usually our
claims against the individual

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and against the facility in
which the sexual assault

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occurred.

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So like if it was, like a school
or like a place as opposed to

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somebody's house, like, correct.
Okay. So if they needed to talk

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to a lawyer, they could talk to
you about this, the listeners,

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right?

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Sure. And it's interesting. What
we really look at is,

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particularly in public events,
in hotels and casinos or in

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shopping,

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like Yeah, like in there leaving
the grocery store late at night?

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That's exactly right. It's
whether or not there was

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adequate security, what the
security situation was, what

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noticed that the owner have with
regards to crimes against

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persons,

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if it's out of venue, then there
needs to be adequate security.

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And if there's not, then there
could be criminal liability and

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civil where they could sue,
right?

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That's right. Exactly. Right.
Okay.

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And if somebody wanted to talk
to you about that, they could go

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to the website,

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contact the office, and

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it's 702-258-3034. That's where
we're at less stovall.com.

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Unfortunately, that happens.
Oftentimes, victims of sexual

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assault really don't know what
to do. And, again, victims

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should report immediately to the
police and have an examination

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done. And secondly, I really
recommend that a person who has

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been a victim contact a civil

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lawyer to determine the personal
injury lawyer, not just several

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personal injury lawyer who can
give them advice with regards to

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how they can recover for their
damages, civilly, let's recover

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money to help them out. I was
also interested recently in self

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autonomous vehicles, self
driving vehicles, right? That's

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right, self driving vehicles.
And there was a newspaper,

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excuse me a news article about a
engineer, Dan O'Dowd, I think is

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his name. And he runs the Green
Hill software company. And they

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supply software for a lot of
applications, like aeroplanes,

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and space craft and things like
that. Military applications. And

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he was very, he came out on it
with an ad criticizing Tesla in

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particular. And he was saying
that self driving vehicles, the

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software that they're using, is
really a Microsoft based

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software that's just been
changed to us and vehicles. So

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self driving, can they not stop
at a red light? Well, they're

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supposed to, they're supposed
to, doesn't the driver have to

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press the brake?

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No, I think these autonomous
driving systems, you hit a

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button and it's supposed to
drive and

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Okay, well, there was a guy who
was charged with manslaughter

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for running the light on self
driving, but you would think if

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you see the lights red, and
you're on the self driving mode,

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you would slam on the brakes.

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You're seeing the advertisements
where they have people singing

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and clapping their hands and
doing other things reading. Los

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Angeles Times just reported a
auto accident where two people

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were killed. They're driving
along and a Tesla went through

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the intersection on autopilot.
and hit these people and killed

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them. The driver of that vehicle
who was using the autopilot was

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charged with manslaughter. And
this is the according the LA

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Times the first case in the
United States where a person

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using autopilot in a car self
driving feature has been charged

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with felony manslaughter. I
don't know. It seems to me if

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you're going to use autopilot in
a car, you want to keep your eye

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on stuff. But I suspect a lot of
people would say, well, it's

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autopilot. They told me I can do
this and get out a book and

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start reading or have lunch or
talk to their family or

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something like that. I don't
know. Well, this fella Dowd says

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the problem. This is that Don
project, he said that, in his

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study of the software that's
being used in these cars like

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Tesla, is that there's a
malfunction eight every eight

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minutes, every 36 minutes.
There's some sort of unforced

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error that occurs within the
software sounds like a lawsuit

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to Tesla, you're right, Larissa,
these car manufacturers that are

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using or installing and
advertising automatic autopilot

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or autonomous driving. They do
have liability if there's not a

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waiver in the in the contract
that a court might court might

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find to be enforceable. Excuse
me. One other thing that I

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thought was interesting that I
saw in the news I thought you

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might be interested in was this
removal of Theodore Roosevelt's

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statute at the Museum of
American

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it's a mismatch of Natural
History. Yeah.

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This, this statute shows
Theodore Roosevelt on a horse.

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And he's really buffed out, you
know, Theodore Roosevelt was

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kind of a chunky guy. He wasn't
this big, giant guy. And walking

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next to his horse is a Indian
with with a headgear on, on one

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side of him, and on the other
side is a African American. And

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it really is, yeah, that's

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pretty faux pa now. Yeah.

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And they're removing it, the
board of the museum, voted

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several years ago to remove it,
because it's very offensive.

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It's racist, and also a symbol
of colonialism.

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So since they removed it, are
they going to sell it? No, it's

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gonna go to the presidential
library for Theodore Roosevelt.

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And that's probably an
appropriate place for it. It's

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part of his history and it was
made for to celebrate Theodore

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Roosevelt's presidency, however
misguided it might have been.

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Now I understand what this a
year are doing. The state

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planning seminars, tell me about
the seminars that you're going

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to be putting on, I'm going

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to be putting on estate planning
seminars that are open to the

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public. The only thing that's
required is registration on my

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website, which is southwest
estate planning.com. The

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seminars will be the third
Wednesday and Thursday of every

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month. So this will be starting
in February. And I'm going to be

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running them monthly in the
seminars, the audience will

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learn about trusts wills, estate
planning in general, we will

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discuss life insurance policies,
and we will discuss a family

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wealth planning sessions. And I
think that this topic is finally

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getting the attention that it
deserves. Due to the pandemic

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more and more people are aware
of their mortality and taking

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appropriate steps to protect
their loved ones, their family

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and their legacy. So in in these
seminars, we will be talking

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about how to keep your family
out of court and conflict,

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meaning creating proper state
planning documents that family

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members cannot contest once a
person is incapacitated or they

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have passed away. And this is
important because a lot of

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people are unaware of the
probate process, which is the

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process that occurs when a
person dies to transfer the

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assets of a living person or
excuse me, of a deceased person

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to living beneficiaries. And
also, people are unaware of the

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guardianship process. If a loved
one or family member becomes

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incapacitated and does not die,
but they're unable to manage

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their financial and medical
affairs. I've been working in

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these areas of law for several
years. And I think that it's a

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topic that deserves a lot of
attention from the public

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because it will touch most
people's lives. So these

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seminars are purely educational.
And as I mentioned, the only

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thing required is registration.
There will be light hors

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d'oeuvres and a wine tasting
Going along with an estate

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planning seminar, and if any of
the listeners are interested in

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00:20:07,230 --> 00:20:10,350
going they just need to register
at Southwest estate

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00:20:10,350 --> 00:20:15,300
planning.com. So registration at
Southwest estate planning.com

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under the in person events tab.
I hope to see everybody there

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and I look forward to helping
everybody that's listening.

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Marisa, you've had quite a lot
of experience in handling

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probate and estate matters, have
you not?

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I have I have represented
celebrity estates, BB King

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estate, and I've also
represented celebrities in

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estate planning. So that is my
expertise. It's what I love. I

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love helping with the planning
and in giving people that peace

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of mind and security that their
affairs will be handled in the

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event they can't handle them
themselves. And I love assisting

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people with the complicated and
perplexing probate process.

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Well before we sign off Larissa,
did you have fun today?

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I did. Well, I

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did too. It's always nice to sit
down and spend a little bit of

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time talking about current
affairs with you.

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Kevin Krall: You've been
listening to special programming

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00:21:12,450 --> 00:21:15,960
sponsored by Stovall and
Associates law firm. The content

335
00:21:15,960 --> 00:21:19,680
of this program did not reflect
the views or opinions of 91.5

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00:21:19,680 --> 00:21:23,250
Jazz and more, the University of
Nevada Las Vegas or the Board of

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00:21:23,250 --> 00:21:26,130
Regents of the Nevada System of
Higher Education.