Showing 53 posts from 2012.
Why Equine Lawsuits Sometimes Settle
Some statistics say that as many as 97% of cases are settled or dismissed without ever going to trial. Many people believe that out-of-court settlements are downright wrong, especially if your position in the case seems strong and winnable. Why do cases settle? Read More ›
Categories: Liability, Sales/Disputes
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How to Enforce a “Live Foal Guarantee” in a Horse Sale
In the horse industry, sellers sometimes offer mares for sale as a “2-in-1 package” where the mare is represented as being in foal. But what if the mare fails to carry a foal to term? What if the foal dies soon after the birth? Can a mare owner enforce a “live foal guarantee” on a breeding that he or she never arranged? Mare owners have options. Read More ›
Categories: Sales/Disputes
Are Your Barn Helpers Excluded “Employees” Under Your Liability Insurance?
Farms and stables often bring on “casual” labor, especially during times when hay is being loaded or other occasional labor-intensive chores are in progress. What happens if one of these occasional helpers is hurt and you have no workers' compensation insurance. Will your business liability policy protect you? Read More ›
Categories: Insurance, Liability
Rights of First Refusal in Equine Contracts
What is a Right of First Refusal?
A “right of first refusal” is a right that is granted under a contract that requires that the one who has bought or received a horse, under certain terms and conditions, give the seller an opportunity to own the horse again if or when the buyer wants to part with the horse. Read More ›
Categories: Sales/Disputes
Myths Regarding Non-Profit Corporations
Non-Profit Corporations
A non-profit corporation is a corporate entity that has been established under certain federal regulations. Non-profit entities are primarily engaged in educational, scientific, religious, or charitable endeavors. Entities that qualify for 501(c)(3) status can also enjoy federal and state tax-exempt status, and donations made to the entity by individuals may be tax-deductible.
Corporations that exist on a “for-profit” basis, such as Ford Motor Company, and non-profits share some common characteristics, such as: Read More ›
Categories: Insurance
Doing Business With Someone From a Foreign Country
Interstate and international equine transactions are more common than ever. The internet takes some of the credit for this. When people do business with others across state and international lines, however, they face numerous legal risks. Read More ›
Categories: Contracts, Sales/Disputes
Handling Boarded Horse Emergencies
A boarded horse colics and is in need of surgery, but the owner cannot be reached to find out what, if anything, can be done. What can the stable do? Read More ›
Categories: Boarding, Insurance
Legal Aspects of the Roving Horse Care Giver
We occasionally receive calls from people exploring new equine businesses. A few have expressed interest in caring for horses belonging to people who are away or on vacation. What should they consider? Here are a few ideas. Read More ›
Categories: Insurance, Liability
Legal Aspects of an Equine Massage Therapy Business
We occasionally receive calls from people exploring new equine businesses. A few have expressed interest in becoming professional equine massage therapists. What should they consider? Here are a few ideas. Read More ›
Categories: Insurance, Liability
Injunctions in Equine Disputes
A horse seller agrees to sell a horse on a handshake, but the seller was about to sell the horse to someone else. The would-be buyer wants to enforce the sale and stop the sale to someone else.
The answer almost always involves the law of injunctions. Injunctions can be complex, and the legal proceedings are usually very costly. Read More ›
Categories: Sales/Disputes
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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- Compliance
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- Sales/Disputes
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- Zoning & Land Use
- Veterinary Malpractice
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- Animal Abuse
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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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