WEBERG LAW

Family Law and Mediation

Lyman v. Lanser

In the case of Lyman v. Lanser, the Massachusetts Appeals Court dealt with the enforceability of an oral agreement between Brent Lyman and Sasha Lanser regarding the shared possession of their jointly owned Pomeranian dog, Teddy Bear. After their separation, the couple initially alternated possession of the dog weekly. However, Lanser later refused to allow Lyman access to Teddy Bear, prompting Lyman to seek legal action for conversion and breach of contract. He sought equitable relief, specifically the enforcement of their oral agreement to share possession of the dog. The Superior Court granted a preliminary injunction to enforce this arrangement, recognizing the joint ownership and clear agreement. Although a single justice of the Appeals Court vacated the injunction, citing Massachusetts law’s lack of recognition for “shared custody” of pets, the Appeals Court ultimately reversed this decision. The court reinstated the injunction based on property and contract law principles, emphasizing the unique nature of pets as personal property and the inadequacy of monetary damages to compensate for the loss of companionship.

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Divorce

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