Showing 39 posts from 2011.
Can You Buy and Sell an Unborn Foal?
A mare is in foal, and the mare/prospective foal owner sells the foal months before the foal is born. These arrangements occur with some frequency in the equine industry. In these unique arrangements, a carefully worded contract is important for a few reasons: Read More ›
Categories: Sales/Disputes
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Should Stables Allow Roving Riding Instructors to Do Business on Their Property?
Many riding instructors have no home base but, instead, do business by traveling from stable to stable. The problem is, stables put themselves at risk of liability by providing facilities for lessons. What should stables consider when they are approached by instructors who seek to give lessons on stable’s property? Read More ›
Categories: Insurance, Liability, Regulatory
Part 2: What Can The Boarding Stable Do With an Abandoned Horse?
When boarding stables are not paid, they sometimes ask for trouble by taking matters into their own hands without following the law. For example, some have been known to give away the boarded horses, sell them to offset the debt, or place the horses in their lesson program without first receiving clear permission from the horses' owners. These actions are usually illegal.
Stables that accept horses for boarding and keeping do not automatically own them when board is unpaid. To become the owner, the stable must follow the law. Depending on state law, legal action that can include: Read More ›
Categories: Boarding, Contracts
Equine Activity Liability Laws and Horse-Drawn Carriages
Does an equine activity liability law apply to the setting of passengers who are injured during a horse-drawn carriage ride? Nationwide, courts cannot agree. Read More ›
Categories: Liability
Part 1: What Can The Boarding Stable Do With an Abandoned Horse?
In these difficult economic times, boarding stables nationwide are struggling to get their clients to pay. Stables can be asking for trouble, however, when they make their own conclusions that a horse is abandoned due to unpaid board and then take matters into their own hands without following the law. Read More ›
Categories: Boarding, Contracts, Liability
Should You Take in Boarders for Extra Income?
In these challenging financial times, people sometimes consider making extra money by taking in boarders. Plan ahead and understand the risks. The arrangement could be far more complex and costly than you think. Read More ›
Categories: Boarding, Insurance, Liability, Zoning & Land Use
Boarding Stable Liability When Horses Die in a Barn Fire
The setting is tragic. The boarding stable catches fire and horses perish. Is the stable liable?
Merely because a boarding stable’s barn has caught fire, injuring or killing horses inside, does not necessarily mean that the stable is automatically liable for the consequences. Read More ›
Categories: Boarding, Liability
Equine Liability Laws: Examples of How They Differ
As of October 2011, 46 states have some sort of an equine activity liability law on the books. Many assume they are all the same. They are not. While many share common characteristics, all of them differ. Here are two examples of how the laws differ: Read More ›
Categories: Liability, Regulatory
Upcoming Webinar - "A Look at Recent Equine Lawsuits and How They Affect Horse Professionals"
Equestrian Professional Webinar
There have been several recent equine cases whose rulings are of interest (and extreme importance) to horse professionals. During this webinar, I will discuss the key issues and the legal precedents these cases are likely to set.
In order to keep your business, horses, customers and assets safe, it is essential to stay abreast of how the courts are interpreting current equine laws and be informed about any new laws.
Date
November 14, 2011
Time
8:00 p.m. Eastern (7:00 p.m. Central & 5:00pm Pacific)
"A Look at Recent Equine Lawsuits and How They Affect Horse Professionals" is free to all horse professionals and can be attended via telephone or computer. Once you get your own spot reserved, please share this with your friends in the horse business. The more we know - the more the equestrian community can grow!
Categories: Insurance, Liability
Do You Need Umbrella Insurance?
Judgments, suits, or settlements seeking millions of dollars are not common, but they can occur. Many people want to be prepared for this ever-present risk by purchasing extra insurance coverage through an umbrella liability insurance policy. Is this coverage right for you? Read More ›
Categories: Insurance, Liability
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
Categories
- Billing/Payment
- Fraud & Abuse
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- Regulatory
- Radio Broadcasts
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- Animal Abuse
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- Liability
- Did you Know?
- Employee Handbook
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
Some of our Equine Law Services
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.
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