Showing 39 posts from 2011.
8 Suggestions for Avoiding Equine Sale Disputes
A few years ago I represented buyers of a horse who were victims of sales fraud. We took the case to trial, and we won. The judge even ordered the sellers to pay 100% of my clients’ legal fees.
The facts of the case were not complex. My clients bought a show horse for their daughter, a novice rider. In sales literature, the sellers represented this horse, a gelding, as “sound” with “no bad habits” and “ready to show.” My clients brought their daughter before the sale to test ride the horse, and he behaved beautifully in a chaotic environment with many distractions. Two days after the purchase, however, the horse showed drastic behavioral changes. He was unruly and dangerous. The sellers refused to reverse the sale. Left with a dangerous, unsound, and unsuitable horse, my clients had no choice but to hire me to help.
The fact is, many sales disputes can be avoided. Here are eight suggestions for what sellers should not do when selling a horse: Read More ›
Categories: Sales/Disputes
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In Tough Financial Times - What Happens When the Boarding Stable Has Not Been Paid?
In these difficult financial times, more boarding stable customers than ever are falling behind in their board payments.
Stable’s Rights
Many states have stablemen's lien laws (sometimes called “agister's lien laws”) that often give the stable a lien (or right of lien) on the boarded horse. In some states, the lien is created automatically, but in other states, procedures, such as a suit, must be taken to formalize the lien. Laws can also address whether the stable can deduct side charges (such as legal fees, hauling fees, sale fees, or others) from the sale proceeds. With wide variations among the laws, stable managers need to check the law carefully before taking drastic action. Read More ›
Categories: Boarding, Liability
Problems People Encounter With Equine Contracts - And How to Avoid Them
I receive numerous calls from people in the midst of contract disputes. Most people thought they protected themselves by using a contract, only to discover later that the contract was either silent or unclear on an important aspect of the transaction.
Let me share with you some problems people have encountered with equine industry contracts to help you avoid them. Read More ›
Categories: Boarding, Contracts, Sales/Disputes
Three Written Words That Could Prevent a Lawsuit
The buyer pays for the horse, but before delivery, the horse dies. Who gets the money? Three words can answer the question: "risk of loss."
Who bears the risk of loss in an equine sale if the horse dies after the transaction completes but before the buyer takes possession? In the eyes of the law, the answer is: Read More ›
Categories: Contracts, Liability, Sales/Disputes
Loose Horse Liabilities
When a horse escapes and collide with a car, legal battles can follow.
Loose Horse Laws
Laws associated with loose horses generally fall into these categories: Read More ›
Categories: Insurance, Liability
What is Equine Law?
There really is no set definition. Basically, it can be defined as the practice of law that involves all types of horses, horse-related activities, horse businesses, horse organizations, and horse facilities. Many attorneys with equine law practices serve horse owners or professionals by, for example, preparing or reviewing equine-related contracts. Others handle disputes and litigation arising from an equine transaction. Some attorneys work exclusively on tax or immigration issues unique to the equine industry. Read More ›
Categories: Contracts, Insurance, Liability, Sales/Disputes
Are Your Stable Workers “Independent Contractors”?
Some stables, in an attempt to save money, label their workers “independent contractors” instead of “employees.” Be careful – this could be trouble waiting to happen. Read More ›
Categories: Employment, Liability
How Well Do You Understand Equine Industry Contracts?
The law of contracts can be more complicated than you think. Sometimes it is simpler than you think. This quiz might help you test what you know – and don’t know – about contracts. Read More ›
Categories: Contracts
The Seller Misrepresented the Horse You Bought - Now What?
The buyer makes payment and hauls the horse home, but soon after the horse is lame, sick, or dangerous. The buyer suspects fraud in the sale. Does he have a case? 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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- Sales/Disputes
- Zoning & Land Use
- Veterinary Malpractice
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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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