Pets May Be Entitled To A "Unique Value"

The 11/29/2005 DAILY BRIEFING service of the NEW JERSEY LAWYER reports that:

DISPUTE FOCUSES ON WHETHER MAN'S BEST FRIEND IS ONLY PROPERTY

Some pet owners' emotional attachment to their canine (and feline) companions is so strong, they consider them a member of the family. In Ohio, the law considers animals their owner's property. Not so, Tammie Vasek of Macedonia contends, arguing her dog Tasha's veterinarian should compensate her $2,500 in medical bills and more than $25,000 in damages for mistreating her dog. Dr. Larry Sands of the Valley Animal Hospital in Akron inserted a plate in the dog's malformed leg during surgery in July, but problems resulting from the surgery led to the dog's leg being subsequently amputated. Carolyn Matlack, president of Animal Legal Reports Service, which tracks lawsuits and legislation, says, "An animal's value is considered to be market value as in any other piece of property, like a couch or a chair." Vasek contends she's entitled to compensation for the dog's pain and suffering, potentially diminished lifespan and emotional distress. There is some precedent in California: A 2004 jury awarded the owner of a labrador retriever $10 in value but assessed a $30,000 "unique value" for the pet, which died of liver failure. There was no award, however, for emotional distress and loss of companionship. 11-28-05

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Information Useful To Couples In Distress

The November 27, 2005 edition of The New York Times includes two articles that can be useful to couples in distress:

1. An interesting use of PowerPoint --- Modern Love -- Point 1: We Had Fun. Point 2: It's Over. Point 3: Get Lost., by Raya Kuzyk.

2. Strategies to lessen the damage to children from a fracturing household --- More Options to Answer 'What About the Kids?', by Mireya Navarro. This article refers to a Web site that helps parents to handle electronically the things that are difficult to discuss - who gets the kids when, who owes who money, etc.: OurFamilyWizard.com.

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Corporations Are Getting Involved In People's Divorces

In the November 14, 2005 issue of the National Law Journal, Tresa Baldas reports that corporations, along with the rich and powerful, are increasingly asking judges to seal the divorce records of top executives to protect trade secrets or crucial financial information from leaking out, or simply to avoid embarrassment.

The article, however, fails to explore an alternative, and probably much more practical approach to the problem of secret or embarrassing information -- to mediate the divorce, thus protecting all such sensitive information from public disclosure.

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Real Estate Transactions & Attorney Trust Account Checks

Earlier today I represented a Seller in a residential Real Estate transaction. At the Closing, I received a check from the Buyer's attorney for the net proceeds of the sale in the amount of approximately $109,000.00, drawn on the attorney's Attorney Trust Account with Wachovia Bank, N.A. In accordance with the Seller's (my client's) instruction, the check was made payable to the order of my Attorney Trust Account (so the funds would be available for a soon to close real estate purchase).

After the Closing, I promptly went to the nearest branch of Bank of America, N.A. to deposit the check into my Attorney Trust Account, where I was unexpectedly told that only $4,900 would be available in two calendar days, but the balance would NOT be available for seven calendar days (five business days). When I protested, I was told that this is the policy of Bank of America -- when I demanded that I be provided with something in writing that expressed that policy, I was given a printout of the Bank's Reg CC (Revised 9/28/05) Compliance Requirements (copy available here).

ATTORNEYS BEWARE -- transactions that need to be financed with the proceeds of another transaction no longer can be easily processed through Bank of America, N.A.

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