Showing 53 posts from 2012.
How NOT to Sell a Horse: Eight Suggestions for Avoiding Equine Sales Disputes
Desert Mirage - August 2012
Categories: Sales/Disputes
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Should You Let the Boarding Stable Use Your Horse in Lessons?
Are you considering allowing a boarding stable to use your horse in its riding lesson program? Take caution. Horse owners face risks in these arrangements, including: Read More ›
Categories: Boarding, Liability
Avoid Equine Sale Disputes
I receive numerous calls from people who either believe they have a case against a horse seller or from horse sellers who have been threatened with lawsuits. As an attorney who has handled many sales cases and tried them in court, representing buyers and sellers, I know that many of these disputes are avoidable. Here are some options to help avoid sales disputes: Read More ›
Categories: Sales/Disputes
Genome Sequencing: The New Frontier of Equine Breeding?
Genome sequencing/DNA-mapping of horses has been under way. A research team at Texas A&M University mapped one of its University-owned Quarter Horses (an adorable bay, foundation-bred mare). The testing provided, according to a Texas A & M geneticist, triple the genetic variation normally known about horses. Read More ›
Categories: Contracts
Another Injured Jockey’s Case “Bites the Dust”
Many recall the legendary “Secretariat” ridden to his 1973 Triple Crown victory by jockey Ron Turcotte. Years later, Mr. Turcotte sustained crippling injuries while racing a horse at Belmont Park, and his litigation against multiple defendants was dismissed primarily because New York recognizes the doctrine of “primary assumption of risk,” and the court found that Turcotte assumed the risk of injury. [That case was Turcotte v. Fell, 68 N.Y.2d 432, 502 N.E.2d 964, 510 N.Y.S.2d 49 (1986).] New York is one of four states nationwide without an equine activity liability act. Read More ›
Categories: Liability
Does a Horse Rescue Adoption Give You Ownership?
Animal rescue organizations sometimes face the question of whether the “adoptee” of a rescued animal holds title to that animal and can use it for any purpose, even re-sell it. An equine rescue in New York litigated the issue of title in Cohen v. Rostron.1 Read More ›
Categories: Contracts, Sales/Disputes
Leather and the Law (Equipment-Related Liabilities)
Saddles, bridles, and harnesses are necessary assets in equine activities, but they can also generate liabilities. Over the years, lawsuits have claimed that someone either provided faulty equipment or improperly failed to detect and fix foreseeable equipment defects. For example, a 1992 Illinois court case involved a community center that provided horseback rides. During a ride, a cinch strap broke, causing the rider to fall from the horse and suffer injuries. The injured person blamed the mishap on an allegedly “worn, dry, and old” cinch strap that the center knew of or should have known about. Read More ›
Categories: Liability
Attorney Fee Clauses in Equine Contracts
The right contract language can help avoid disputes or reduce your expense if a dispute should arise. Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes. A key detail to consider for a contract is attorney fees. Read More ›
Categories: Contracts, Sales/Disputes
Does the Other Party to Your Contract Have Authority to Sign It?
If you are entering into a contract with someone who claims to be signing on behalf of someone else – such as the sales agent signing for the owner, or a person claiming to be signing on behalf of a corporation or partnership – how can you be sure that this person has the authority to bind the other person or entity to the contract? Careful language in your contract can help. The contract could state, for example: Read More ›
Categories: Contracts
Consider Addressing Insurance in Your Equine Contract
The right contract language can help avoid disputes or reduce your expense if a dispute should arise. Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes. A key detail to consider for a contract is insurance.
Different types of insurance exists for numerous horse-related activities and interests. Here are a few examples of how a contract can address insurance: Read More ›
Categories: Contracts, Insurance
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".
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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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