Showing 26 posts from 2014.
Recent Court Case is a Reminder for Owners of Insured Horses
The importance of complying with an insurance policy’s notice requirements has become especially newsworthy thanks to Julie Fershtman’s courtroom victory last year in an equine insurance coverage lawsuit in an Illinois federal court. In that case, a horse owner sued the company challenging its denial of benefits under an equine insurance policy. Read More ›
Upcoming Webinar You Won't Want to Miss
Julie Fershtman is the speaker for tomorrow's webinar through the Certified Horsemanship Association entitled: "Risk Management – What You Need to Know about Liability, Contracts and Releases."
Does An Equine Activity Liability Act Apply? Take Our Test
State equine activity liability laws generally, but not always, apply to equine activity "participants" who are “engaged in an equine activity” at the time of injury. Over the years, cases have addressed whether people injured on the grounds of an equine activity qualify as “participants.” Let’s take a look at two noteworthy cases addressing the issue and find out whether you agree with the courts. Read More ›
Categories: Liability
Is It Horse-Friendly Property? Know The Answer Before You Buy
A caller years ago, had a difficult legal problem. He recently bought a home and surrounding land, converted a back yard work shop into a horse stall, set up new pasture fencing and moved in his horse. His life-long dream of owning a horse property within his budget, he thought, had just been realized.
Within weeks, however, his dream seemed to shatter when he received a notice from the municipality that his horse and fencing had to go. What he had not known, until that point, is that his municipality’s zoning ordinances included set-back restrictions for fencing. The ordinance required that his fence lines be within a substantial distance from his property line. Unfortunately for him, his lot was very narrow and compliance with the ordinance would make his horse pasture the size of a dog run. Read More ›
Categories: Zoning & Land Use
Michigan's Equine Activity Liability Act: What's Next?
Horses, by their nature, present risks because they are large, powerful, unpredictable animals that act on instinct. Indeed, a horse with no dangerous or aggressive history nevertheless has the potential to hurt anyone who is riding, driving, handling, or near it. Injuries bring the possibility of litigation.
The Michigan Equine Activity Liability Act is one way in which liability is limited or controlled. Click here to read an article, published in the January Foster Swift Agricultural Law Newsletter, on Julie's thoughts of the Michigan Equine Activity Liability Act, the Act's history and its purpose. To subscribe to our Agricultural Law Newsletter, click here.
Categories: Liability
Time to Make a Change: How to Amend Your Contract
Our clients have asked how to amend their contracts, especially after they hire us to draft them and want our new contracts to replace the old ones.
Amending a contract is not difficult as long as your documentation makes clear what you are trying to accomplish. In our experience, however, we've seen equine business operators draft their own contracts which are anything but clear and cause problems. Of the many ways in which a contract can be amended, here are a few examples: Read More ›
Categories: Contracts
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
- Contracts
- Liability
- Department of Labor
- Workers' Compensation
- Insurance
- Did you Know?
- Employee Handbook
- Defamation
- Sales/Disputes
- Fraud & Abuse
- Zoning & Land Use
- Veterinary Malpractice
- Compliance
- Fashion
- News & Events
- Employment
- Labor Relations
- Lawsuit
- Boarding
- News
- Breeding
- Animal Abuse
- Licensing
- Regulatory
- Radio Broadcasts
- Billing/Payment
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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