Showing 46 posts from 2013.
Equine Leases – Common Problems and How to Avoid Them
We receive numerous inquiries from people who have encountered problems during their equine leases – both from lessors (the ones who own the horse and part with it subject to the lease terms) and lessees (the ones who receive use of the horse). Advance planning, and legal help, can prevent several problems. Here are some equine lease problems and suggestions for avoiding them. Read More ›
Categories: Contracts
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The Well-Written Contract Was Breached – What Next?
We thank the many businesses and individuals who hire us to draft their equine-related contracts. The problem is, even with thorough contracts that identify rights and responsibilities, people don’t always follow their terms. What do you do when the other party to a contract has breached (violated) its terms? Certainly, every situation is different, but here are some options: Read several options ›
Categories: Contracts
“Free Leases” Are Not Free
In these challenging financial times, more and more horse owners have entered into arrangements they call “free leases.” No legal dictionary, to our knowledge, recognizes the term “free lease,” but in the horse industry it has come to mean a horse that is leased to another with no lease payment to the owner (the lessor) as long as the lessee provides the horse care and attention.
In our experience, lessors (horse owners) usually enter into these arrangements to avoid costly horse care. In an effort to save money, lessors rarely insist on contracts. Not surprisingly, disputes arise. For example: Read More ›
Categories: Boarding, Contracts
How Do Equine Activity Liability Act Warning Requirements Differ?
Nationwide, 46 states – all but California, Maryland, Nevada and New York – have some form of an equine activity liability act. All of these laws differ, but approximately 31 require sign posting, usually, but not always, by “equine professionals.” The sign posting requirements vary considerably among the laws. Here’s a sampling of how the laws differ. Read More ›
Categories: Liability
How Long Does a Stable’s Equine Liability Release Last?
We are often asked how long a waiver or release “lasts.” The answer depends on several factors, such as:
- Did the document specify that it was only intended to be valid for activities taking place on the day when it was signed?
- Does a state law supply a time limitation during which the document is valid?
Categories: Liability
Are all Horses "Vicious or Dangerous"? More on the Connecticut Supreme Court Case
Many in the industry have been discussing the Connecticut Supreme Court case of Vendrella v. Astriab Family Limited Partnership. Oral arguments took place recently, and we await an opinion. Here's a discussion of the case. ›
Categories: Liability
More Equine Contract Blunders and How to Avoid Them
When equine business operators take legal matters into their own hands, problems can occur. Here are some of them:
- The horse seller has a sales agent that advertised the horse online and negotiated a sale to a buyer who is located out of the country. The sales agent, believing promises of the out-of-country buyer that the purchase payment was “in the mail” on the same day that the buyer’s shipper was picking up the horse, allowed the shipper to haul away the horse. Unfortunately, the seller never sent a payment, but the horse was already out of the country before the buyer discovered the problem.
Read More ›How to Avoid: In addition to insisting on a carefully worded sales agreement, the seller can insist that the buyer’s payment in full is received and clears the bank before the horse can be shipped away.
Categories: Contracts
Finding Low Cost Legal Services in Difficult Financial Times
We receive numerous calls and e-mails from people in the midst of serious legal issues who are unprepared for, or unwilling to undertake, the expense involved in hiring a lawyer. For example, a trainer could be faced with a lawsuit arising out of a sales agency. An individual horse owner might want to “free-lease” her gelding to a friend and want a contract that protects her as much as possible in the situation.
How can people who cannot afford a lawyer seek legal services at low, or no cost? Read More ›
Categories: Contracts, Employment, Liability
Should a Boarding Contract Stipulate to a Horse’s Value?
Some boarding contracts specify that the boarded horse has a stated value. For example, the contract might state: “The parties agree that the horse boarded under this agreement is worth $15,000.” Is this a good idea? ›
Categories: Boarding, Contracts
How to Hire an Equine Lawyer
How do you find the right lawyer for your equine-related legal matter? Here are some ideas:
Consider the Lawyer’s Expertise
Because of their expertise, lawyers with equine law expertise could potentially save money because they often can get the work done in less time than other lawyers. Their understanding of the industry and the terminology used within it might offer you a distinct advantage. Read More ›
Categories: Employment
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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