Showing 53 posts from 2012.
Details for Equine Contracts: Indemnification Language (Where Appropriate and Where Allowed by Law)
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 indemnification. Read More ›
Categories: Contracts, Liability
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Surprise! Your Equine Contract Was Amended Without Your Knowledge
After you’ve devoted considerable time and expense to developing a good contract for your equine transaction, the last thing you can afford is for the other party to claim that your contract was somehow changed. Disputes have arisen when parties to contracts claim the contract was canceled through a verbal agreement or somehow replaced by a claimed verbal understanding. Read More ›
Categories: Contracts, Sales/Disputes
Consider Addressing Alternative Ways to Resolve Disputes
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. One detail to consider is alternative ways to resolve disputes.
Resolving legal disputes through the court system can be time-consuming and costly. Alternative methods of resolving disputes, whether through arbitration or mediation, have become popular because they are generally considered quicker and cheaper than the court system. Once parties have become embroiled in a legal dispute, it is usually too late to find them agreeing on anything – much less agreeing to settle their differences through arbitration or mediation. Contracts, however, can plan ahead to protect the right to resolve certain matters through these methods. Read More ›
Categories: Contracts, Sales/Disputes
Certain [Non-Equine] State Laws Can Impact Your 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. One detail to consider in equine contracts is attention to certain laws that could impact the contract or the rights of the parties.
Examples of some contract provisions affected by state law are: Read More ›
Categories: Contracts, Regulatory, Sales/Disputes
Equine Activity Liability Acts Impact Contracts
As of April 2012, 46 states (all but California, New York, Nevada, and Maryland) have passed laws that are designed to limit or control liability involving equines and equine activities. In many states, these laws have created an important fine point for horse-related contracts. Several of the laws require special language in certain equine-related contracts or releases.
The state-by-state requirements, based on equine activity liability law differences, can vary considerably. For example, Ohio’s law requires a statement of inherent risks in certain contracts: Read More ›
Categories: Contracts, Liability, Regulatory
Avoid Disputes by Identifying the Horse in Your Contract
We occasionally receive calls from horse buyers who suspect that the horse delivered to them was not the horse they thought they bought. The problem is, almost all of these buyers had no contract and no clear identification of the horse.
Everyone benefits if the contract specifies the horse involved. To help avoid disputes, an equine-related contract can specify the horse's: Read More ›
Categories: Contracts, Sales/Disputes
Who Are You Contracting With? The Importance of Identifying Parties Properly
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 identifying the parties involved. Read More ›
Categories: Contracts
Common Myths Regarding Equine Insurance - Part 3 of 3
The first two articles in this series explored myths 1-10 surrounding equine-related insurance (Myths 1-5 and Myths 6-10). Remember, it is important to read your insurance polices thoroughly and not rely on common myths. Let's take a look at myths 11-15 in the final part of this series. Read More ›
Categories: Insurance, Liability
Common Myths Regarding Equine Insurance - Part 2 of 3
Relying on myths and failing to read your insurance policies can lead to costly mistakes. This series explores 15 of the most common myths surrounding equine-related insurance. Check out myths 1-5 in my post from last week. Let's review myths 6-9 here: Read More ›
Categories: Insurance, Liability
Common Myths Regarding Equine Insurance - Part 1 of 3
When it comes to equine-related insurance, myths and misconceptions have plagued the horse industry for years. People fail to read their policies and instead rely on myths, making costly mistakes. Coverage may be denied because they failed to comply with an important policy condition. Or, in some cases, people learn that the policy they bought offers no coverage for the problem at hand.
This series will explore 15 of the most common myths surrounding equine-related insurance. Here are the first 5: Read More ›
Categories: Insurance, Liability
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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