THE DIVORCE; A RECENT CASE OF NOTE

PICTURE SPEAKING THOUSAND WORDS
Every day we hear of sad cases of marriage ending in Divorce. There is rarely, any sense of satisfaction in the end;rarely

On the first day she sadly packed her belongings into boxes, crates and suitcases.

On the second day she had the movers come and collect her things.

On the third day she sat down for the last time at their beautiful dining room table by candlelight.  She put on some soft background music and feasted on a pound of shrimp, a jar of caviar, and a bottle of spring water.

When she'd finished her meal, she went into each and every room and deposited a few half-eaten shrimp dipped in caviar into the hollow center of the curtain rods (the same curtain rods that they had bought while traveling on their honeymoon - the ones she loved).  She then cleaned up the kitchen and left.

On the fourth day, the husband came back with his new girlfriend, and all was bliss.

But gradually the house began to smell.

They tried everything; cleaning, mopping, and airing out the place.  They checked all the vents for dead rodents and steam cleaned all the rugs, drapes, and furniture.  They placed air fresheners everywhere.  They hired exterminators to set off gas canisters, during which time the two had to move out for a few days, and in the end they even paid to replace the expensive wool carpeting.

Nothing worked.  People stopped coming over to visit.  Repairmen refused to work in the house.  The maid quit.

At this point they couldn't take the stench any longer and decided they had to move, but a month later - even though they'd cut their price in half - they couldn't find a buyer.  The word had gotten out, and eventually the local realtors even stopped returning their calls.  Finally, unable to wait any longer, they borrowed a huge sum of money to purchase a new place.

At about that time the ex-wife called the man and asked how things were going.  He told her the saga of the rotting house.  She listened politely and said that she missed her old home terribly and would be willing to reduce her divorce settlement in exchange for having the house.

Knowing she couldn't possibly comprehend how bad the smell really was, he agreed on a price that was only a tenth of what the house had been worth, but only if she would sign the papers that very day.  She agreed, and within two hours his lawyers delivered the completed paperwork.

A week later the man and his girlfriend stood smiling as the moving company packed everything to take to their new home...

…and in a last gesture to spite the ex-wife, they took the curtain rods she had loved so dearly.

image credit: Corri Fetman

 

 
      THE DEVIL MADE

HIM DO IT IS 

APPARENTLY STILL

A LEGAL DEFENSE.

I have had the pleasure recently of photographing two very hard working professional poker players. Christina Lindley and Liv Boeree, pictured here, place their bets, and take their chances. They live on their wits(although some would say their looks don't hurt). When they win, as they often do, they do so graciously. When they lose, they're the first to let you know, and that it's just on to the next game. No whining, no complaining, just the taking of personal responsibility.

As simple a concept as "taking personal responsibility is", its an idea that fewer and fewer Americans seem to embrace.

 Just in time to underscore this, is the lawsuit brought by Terrence Watanabe,as reported by The Wall Street Journal.

  Watanabe filed a civil suit against Harrah’s Entertainment Inc. alleging that staff at two of the parent company’s casinos plied him with liquor and pain medication as part of a plan to keep him gambling, a habit that ended up costing him nearly $127 million.

 Watanabe claims that Harrah’s casinos offered him lucrative terms, including tickets to concerts, monthly airfare, credit at stores, and cash back on table losses, to gamble at its casinos.  In 2007, Watanabe fell in his luxury suite at one of the casino hotels and claims his casino-employed handlers supplied him doses of prescription pain medication.  Watanabe further claims that casino employees violated state gambling regulations by encouraging him to continue gambling while he was visibly intoxicated and under the influence of drugs, sometimes losing as much as $5 million in a single binge.

Based on Watanabe’s allegations, Nevada’s Gaming Control Board is investigating whether Harrah’s violated gambling regulations.

Harrah’s senior vice president for communications and government relations responds that, “We’re in the gambling business.  We had no reason to believe Terry Watanabe was anything other than a big player with huge resources who made an adult decision to bet the money he did.”  Harrah’s further contends that the civil suit filed by Watanabe is an attempt to get out of paying a debt and to avoid accepting responsibility for his own actions.

In a separate criminal matter, the Clark County District Attorney’s office has charged Watanabe with four felony counts for intent to defraud and steal from Harrah’s, stemming from a $14.7 million debt owed to the casinos.  If convicted, Watanabe faces up to 28 years in prison.

According to his lawyer, Pierce O’Donnell, Watanabe admits to drinking in excess and “takes full responsibility for his condition at the time … He’s not saying the devil made him do it.”  But he says Harrah’s “preyed” on Watanabe’s condition.

 

BACK IN THE USSR

BACK IN THE USSR WHERE HEALTH CARE IS NOT SUBJECT TO DEBATE

 

While the Health care debate has been off our radar for a few days, while we focus on wasting money we don't have gift giving, affordability and quality of care is, and will continue to be an issue for all of us. I could give you my own personal examples of outrageous charges and denials of coverage ("you weren't going to die, so the procedure was unnecessary"), but you know to well what I'm talking about.

 But, back in the USSR, I mean the country formerly known as Russia, health care is whole other thing. 

Not feeling well, call an ambulance, and crew shows up including a doctor to run a battery of tests and even administer meds, right there in your home. 

 If you have a chronic illness, how about taking a few weeks of treatments at a medical spa? What? you don't have the $5,00 per week? Well if you live in Siberia, like my dear mother-in-law, how about 2 weeks of spa treatments and medically directed protocols, plus 3 meals a day, all for a total of $400?

 These treatments are so well known for their benefits, such as enemas, that they are even memorialized in Statuary

My dear departed father, a native son of Mother Russia, use to like saying to me back in  my Marxist days, if you think its so great there, why don't you just move there. This is a whole other story.

 The question is, how is it possible, that as Americans, we're going broke with health care costs, and decreasing quality of care? At least in Russia, what they are getting stuck up their asses is sterilized and can be beneficial.

NEW YORK CITY BUCKS

THE TREND;SETTLES FOR HALF A BILLION RATHER THAN LITIGATE. 

 According to an article in The New York Post by Brad Hamilton, the City that Never Sleeps, is also the City that never, well rarely goes to court. And, if you're worried that you have a serious criminal record, and that might seriously effect whether the City will settle with you, well, have no fear.

  The city shelled out a near-record $563 million in 2009 to settle thousands of lawsuits ranging from car crashes to employee discrimination -- and even made a six-figure payout to a criminal who sued the cops.
Alleged Queens drug dealer Roger Bissoon pocketed $150,000, the result of a nine-year-old police-brutality case in which he claimed cops broke his jaw while he was handcuffed.
Bissoon sued for $1 million in 2001 and got his check on April 16 this year -- four months after he was busted for threatening to "shoot and kill" his girlfriend and carrying three bags of crack. He pleaded guilty to drug possession after menacing and harassment charges were dropped.
"In light of his two jaw surgeries and the evidence, we believed that there was a substantial likelihood a jury could have awarded substantially more than $150,000 and that a subsequent offense, nine years later, would not have made a difference," said Fay Leoussis, who heads the Law Department's tort division.
The $563 million total involved about 7,000 cases, all but 31 of them settlements, as opposed to jury verdicts. The city almost never goes to trial -- just 115 of the 2009 cases ever got to court.

 I have to seriously consider opening an office in the Bronx.

THE LAW and PHOTOSHOP ; I'M IN HEAVEN.
I spend the majority of my day with the law, and as it is, I am always amazed at the breadth and depth of the issues I deal with. 

 And then, there is the time I sometimes spend with the photographers (and models) best friend, Photoshop. I myself have never, ever, blundered in my judicious use of this incredibly powerful software . 
 To find that a legal battle is about to erupt over the use, or alleged mi-use of photoshop, well, that just makes me shake with giddy anticipation.
  According to this Associated Press story, as carried in The NY Post, Demi is really pissed. So pissed, that she has brought in the clowns lawyers.
 The photographer who accused W magazine of "clumsily" retouching its December covergirl, Demi Moore, is not backing down -- despite being badgered by the actress' pit-bull lawyer.
In November, fashion photographer Anthony Citrano complained that a portion of Moore's left hip appeared to have been digitally erased on the cover.
"Did she have some sort of weird car accident that left a wedge of meat missing from it? The fabric even magically floats above the missing thigh," Citrano wrote.
W creative director Dennis Freedman denied the claim, as did photographers Mert Alas and Marcus Piggott, who said, "When we met Demi for the W cover story, she was super-fit to start with . . . There was absolutely no retouching on her hips or waist or legs!"
  Last week, Citrano received a letter from Moore's lawyer, Marty Singer, demanding a public apology. "As you are undoubtedly well aware, my client's appearance is of great importance to her career and livelihood, and false claims or insinuations that she secretly uses extraordinarily artificial means to alter her appearance are extremely damaging," Singer wrote.
  On Monday, Citrano fired back, posting Singer's confidential letter on his Web site, along with his response, which read: "Ms. Moore's implication that her image went straight from camera to cover is incredible, whether she believes it or not. Simply put, this never happens."
   As for Singer's demand for a retraction and an apology, Citrano added: "Neither of these will be forthcoming"
  Most Web observers have sided with Citrano. One recently Tweeted, "sorrydemi that your self esteem is so low you can't admit to a little Photoshopping," adding "And 'Ghost' sucked." A diplomatic Moore replied on Twitter, "Thank you."
 Personally, I would never have even opened Photoshop when working on Demi's photos. Next time Demi goes forward  with a photoshoot I am hoping that if I don't get to shoot her, I will at least get to send outraged correspondence on her behalf.

TAVERN ON THE GREEN SET TO GO OUT IN BLAZE OF GLORY WHILE LEGAL BATTLE JUST HEATING UP.

I'M NOT INVOLVED IN THE LITIGATION, BUT I DID  GET MY LAST PHOTOS THERE JUST IN TIME

According to CNN, quoted here, and numerous other sources,the legendary New York restaurant Tavern on the Green will close its doors after serving a last supper and hosting a New Year's party.

The iconic spot on the western edge of Central Park will undergo major renovations under a new operator and may even retain its famous name, but to many patrons, this is indisputably the end of an era.

 The restaurant served its first meal in 1936, when Mayor Fiorello La Guardia presided over its opening as the city and the country were trying to dig out from the Great Depression.
 The restaurant almost died in 1974 when the operator shuttered the "rustic little money-losing pub," as New York Times food writer Eric Asimov later described it.
But Warner LeRoy immediately took over the Tavern's lease and invested $10 million.
 The LeRoy family was forced to file for bankruptcy in 2009 after losing a bidding war for to another proprietor, Dean Poll, who also owns the Boathouse Restaurant in Central Park. Once the restaurant closes, its contents will be auctioned off by Guernsey's auction house.
One issue that is still left unresolved is the iconic name of the restaurant, which the current management estimates is valued at $19 million. The LeRoy family claims it trademarked the name in 1981. U.S. District Court Judge Miriam Goldman Cedarbaum is expected to make a ruling in January. In the meantime, LePatner said, the city has filed a trademark for "Tavern in the Park" but that Poll would like to retain the original name and that it should rest with the site.
 In the meantime, the show goes on, and I can ad my photos of beautiful women enjoying a wonderful, albeit cold night, at TAVERN ON THE GREEN

A Connecticut Yankee and the Law

A CONNECTICUT YANKEE LIVES ON

EVEN IN THE LAW

Mark Twain Lives On in Federal Judge's Ruling on Release of Medicare Data
Judge Edward E. Carnes of the 11th U.S. Circuit Court of Appeals invoked Mark Twain in his decision finding that a 1970s-era injunction prohibits the government from releasing Medicare data to a private company that wants to sell it for marketing and physician recruitment purposes. Writing for a three-judge panel and referring to the national debate over health care, Carnes repeated one of Twain's aphorisms: "History doesn't repeat itself; at best it sometimes rhymes."

Battle of the Interweb Max's

MAX BARRY LASHES OUT AT MAXIMILLIAN BARRY

 My son is pretty unassuming guy, which, if I were him, I wouldn't be, but that's another story. Apparently the author and creator of another web-site, Max Barry.com has seen his last google alert with his name, but referencing my baby boy; he's had it! Who can blame him, as he explains:

 " Lately my Google Alert emails have become polluted with other Max Barrys. I guess I knew it had to happen. I couldn’t have the web to myself forever. But all of a sudden there are three of us. The first guy to show up was okay. He writes about NFL. I gather that’s some kind of football. Not the good kind. But still. I was just glad he was doing something. I didn’t want some whiny, self-obsessed blogger Max Barry confusing everybody. I have that base covered.
  But now this third guy. I’ve been worried about the wrong thing. Because this Max Barry, he’s better-looking than me. He models. He’s younger. More hair. I guess that goes without saying. But really: tons of hair. He cooks. Plays tennis semi-professionally. Works as a personal trainer. Posts workouts-of-the-day to his website. Workout-of-the-days? Whatever. He’s a god, is my point. A toned, buffed, let-me-whip-you-up-a-filet-mignon god. He makes me look like crap.
At this point I haven’t decided whether to break into his house in the middle of the night and stab him or become fast friends and use him as my body double for TV interviews. That’s a decision for the new year."
 As a father should I be concerned? No. Proud yes, and a big shout out to Max at Max at www.maxbarry.com
Oh, yes, you must check out Maximillian a thttp://www.nu-fit.net

Brilliant Doctor medical record of the day: "Upon physical examination the patient appears to be a young woman". Really? What tipped you off? Exactly what did this physical exam involve? Will health care reform make it easier for this Doctor to determine if his patients are young or old and their gender?

Alan Barry Photography featured in MAXIM UK

The world in pictures

There are many great people who have no idea I have this day job, called Attorney at Law. These same wonderful folks only know me from my photography, and that's ok.
I am so blessed to be able to do everything that I do, and am passionate about it all as well.
An average day for me involves seeing new clients, hand-to-hand combat with The Dark Side (the insurance industry who would royally screw my clients if I didn't intercede),reviewing the never ending stream of information related to law, and in general, trying to know what the right thing to do is, and then doing it. On this last point, I can't say I always know, and I can't say I always do, but, I am trying.
As my children, Maximillian, Shana, and Cameron would say: "that being said"...
The world of photography does creep in. Recently I was so fortunate to shoot photos for FHM and MAXM UK.
I get to talk with people interested in having me photograph them, their business, their dog etc, and every once in a while, one of them actually hires me.
Through my meanderings in photography, I have had the pleasure to go places, meet people, and see things, I might not ordinarily get to see.
Of course, some of it, I probably shouldn't be seeing. But thanks to the help of the good people at NIKON(who will happily see me as much gear as I can afford), and ADOBE (who happily sell me terrific image editing software) I get to create images I'm glad I captured.
Now its true, that my dear wife is my best model and very patient with all this. And my kids, also great models, do put up with this as well. But I know, that there comes a point where, its like, hey Alan, that's great, but, uh, I'm leaving the room now.
So, I guess, while this venue, this blog, provides me with a "bloody good pulpit"(obscure reference to Teddy Roosevelt), I leave it at this.
Every day when I awake, I'm thankful that I am still here, and that the world in front of me is full of images; images of peoples whose lives I try to make better, and images of others, and places and things that I will preserve.
It's my world in pictures.

As 2009 comes to a close a disturbing trend in way Insurance companies deal with injury claims has emerged.
The economic environment has created a situation where those with cash can make great deals at a discount. This applies to how insurance companies see the personal injury claims environment. Their approach is based on their belief that many accident victims will be driven by the tough financial times to accept lower settlements for the injury claims. The Insurance companies are awash in cash and operate from a position of financial strength. They in effect reason that whereas before they would have to pay $15,000 to settle an injury, claim, now they can settle that same claim with an offer of 7-8 thousand dollars.
To be sure, some claimants will accept this, as they are unwilling to wait out the process and need cash now.
However, the vast majority of claimants, including our clients, view these offers with disdain, and derision. These "discounted" offers thus have the opposite impact, and cause us and our clients to resort to litigation with ultimately a jury making an award.
It was only several years ago, that of all the injury claims we were handling , that approximately 35% would end up in an actual lawsuit being filed. As we close out 2009, nearly 70% of our injury claim files are in suit and heading for a jury trial.
For us as lawyers, are goal is to achieve the best possible result for our clients. Its clear that the path to these best results leads us to the courthouse steps.
The insurance industry is insistent on playing these games, driving up the costs of justice, and clogging the courts with cases, that could be resolved through reasonable negotiations. But if this is going to be the dance, then so be it. You can pay us now, or pay us later, but pay us you will.