News & Observer | newsobserver.com | New class of hairy lawsuits asserts pets' rights

Published: Mar 16, 2008 12:30 AM
Modified: Mar 16, 2008 04:54 AM

New class of hairy lawsuits asserts pets' rights

Calley Gerber, a lawyer who focuses on animal cases, plays with her dogs Presley, left, and Justice.

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ANIMALS AND THE LAW

* Michael Vick, the former star quarterback for the Atlanta Falcons, touched off a national discussion on dogfighting when he was indicted in July for his involvement in the illegal sport. He pleaded guilty and is in prison; many of the dogs are being cared for by animal-rights groups.

* The Food and Drug Administration recalled several brands of cat and dog food last year after it learned animals were getting sick or dying from tainted food. Several class action lawsuits are pending around the country.

* David Watts, Apex's accidental shepherd, had dozens of sheep seized from his suburban home and yard in March 2007 when officials found the animals in severe states of malnutrition and neglect. Watts was convicted of a misdemeanor count of animal cruelty in Wake County and ordered not to own any animals. He is appealing his conviction.

* Leona Helmsley, the "queen of mean," left her beloved Maltese, Trouble, well seated after Helmsley died in August. Trouble was the recipient of a $12 million trust; Helmsley left two of her grandchildren out of her will completely. She also asked that Trouble be buried next to her in her Westchester County, N.Y., mausoleum.

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RALEIGH - Fido is getting a new name -- several, in fact: "plaintiff," "trustee," "beneficiary" and even "defendant."

Dogs, cats and creatures of all sorts are being redefined in an emerging area of legal practice known as animal law. Once considered mere property, animals are being invested with legal standing as they're increasingly being named as partial beneficiaries of estates, subjects of lawsuits and victims of abuse.

As animals rise in the law, so does the profile of animal lawyers, or lawyers who practice animal law.

Ninety-two of the 196 law schools in the country approved by the American Bar Association now offer courses on animal law, up from the nine that offered classes in 2000, according to the Animal Legal Defense Fund.

"You're seeing this real snowball effect," said Pamela Alexander, director of the defense fund's animal law section.

Part of the push has come from animals' rise in prominence in people's lives, with owners routinely spending thousands of dollars to give a cat chemotherapy and sending dogs to day care, therapists and groomers.

High Point publisher Randall B. Terry Jr., whose name will adorn N.C. State University's new veterinary hospital, left an estimated $1 million to ensure that his six golden retrievers would be cared for after he died in 2004. After her death last year, New York hotel queen Leona Helmsley left $12 million to her Maltese, Trouble.

A number of top law schools, including those at Duke, Harvard, Stanford, Columbia and Northwestern universities, bolstered their animal law offerings after each received $1 million from a foundation set up by Bob Barker, former "The Price Is Right" host and animal philanthropist superstar.

North Carolina is warmly regarded by animal rights activists. They point to a state statute that allows people to bequeath money to pets and clears the path for lawsuits against animal abusers.

Lawyer Calley Gerber is among North Carolina's pioneers in representing four-legged clients. She gave up a job as a corporate lawyer to start a practice dedicated to animals with no idea whether she'll be able to eke out a living.

She switched after deciding she had made the best use of her law degree when she spent five years as an animal cruelty prosecutor in Colorado.

"Everyone says you can't make a living doing it," Gerber said. "But I decided, well, I'm going to try."

As the awareness of animal law grows, practitioners like Gerber are finding more need for their expertise. Lawyers address legal issues such as what happens to pets that are abandoned, involved in divorce custody disputes or left behind after an owner dies.

Uncharted territory

Animal law disputes still take place in largely uncharted legal territory and revolve around questions about the inherent rights of animals, said William Reppy Jr., a Duke law professor.

Reppy, who started Duke's animal law clinic, said the newness of animal law is inviting to activists who see a chance to define new rights, as the areas of civil rights and environmental law have become more established and settled.

"Here's an area where it's still bad," Reppy said. "People with an activist mentality can see there's room to do something."

At Duke, an animal clinic puts law students to work on animal-related issues, from cruelty to the drafting of animal control ordinances, Reppy said.

But the increased training has outpaced job creation in animal law.

Reppy said many of his students are taking conventional jobs in law firms and offering their expertise when animal issues come their way, or they're doing pro bono work for local humane societies and shelters.


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