Showing 15 posts in Regulatory.
Equestrian Safety Helmets
Equine activities can deliver a deadly impact to your head if you get kicked or fall. Safety helmets are designed to cushion and re-distribute the force of certain blows to the head. Depending on the impact you sustain, your safety helmet might allow you to walk away unharmed from an accident that would have killed you or required costly long-term care had you not worn a helmet. Read More ›
Categories: Regulatory
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Protect Your Right to Keep Horses in Your Community
Your property stables horses, but your community seems anything but supportive. In fact, you’ve heard that the local government might be exploring possible zoning changes that might make it harder to stable horses in the community. Can you try to maintain things as they are without a costly lawsuit? Yes. Read More ›
Categories: Regulatory, Zoning & Land Use
Can the Government be Held Responsible for a Breeding Farm’s CEM Outbreak?
A few years ago, some valuable breeding stallions contracted Contagious Equine Metritis (“CEM”), an equine venereal disease, while boarded at a breeding farm in Kentucky. The stallion owners sued the breeding farm, alleging that it was negligent in allowing the CEM to spread to their stallions from an incoming stallion, who had been brought to the farm from a Wisconsin quarantine facility where it contracted the CEM. [CEM is regulated by the United States Department of Agriculture (“USDA”), in part through its importation guidelines for horses that arrive from foreign countries and are quarantined. These guidelines also prohibit horses with CEM from being imported into the United States.] Read more about the case ›
Categories: Boarding, Breeding, Liability, Regulatory
How to (Legally) Brand Your Horse
Why Do States Regulate Brands?
The reasons for state government regulation of livestock brands are just as valid today as they were a century ago. States regulate brands to protect the integrity of a given brand, to avoid confusing the public by having two farms with nearly identical brands, to give notice that a brand has been "taken" in order to fend off others who might want to claim a similar design, and sometimes to help identify the owner or breeder of the branded animal (comparable to a permanent "dog tag"). Read More ›
Categories: Regulatory
Equine Professional Licensing and Certification
In January 2013, I was invited to New York City speak at a continuing legal education conference sponsored by the New York State Bar Association Committee on Animals and the Law. Below is a question posed by an attendee and my answer. This question relates to industry regulation and certification.
Question
Are professional horse trainers licensed, certified or accredited by any government agency or professional organization? What's the answer? ›
Categories: Regulatory
Do Equine Activity Liability Acts Apply to Other Species of Animals?
In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.
Question:
Regarding an Equine Activity Liability Act, are there any similar or analogous statutes relating to any other animals/species? Answer ›
Categories: Liability, Regulatory
Attention Michigan Horse Dealers: Understand How Michigan’s New Dealer Law Affects You
On October 1, 2012, a new Michigan law went into affect that has implications for certain people or businesses who engage in selling or transporting horses and livestock in Michigan. The law, HB 5784, was designed to control the spread of infectious diseases of livestock and animals in Michigan. It now requires those engaged in the buying, receiving, selling, transporting, exchanging negotiating or who solicit sale, resale, exchange, or transportation of livestock to be licensed bonded by the Michigan Department of Agriculture. Read More ›
Categories: Contracts, Regulatory
Important Alert: U.S. Department of Agriculture Adopts Animal Disease Traceability Program
On January 9, 2013, the U.S. Department of Agriculture adopted the Animal Disease Traceability Program (ADTP). It takes effect 3/11/2013 and impacts the equine industry. What is the purpose and how does it affect you? ›
Categories: Liability, Regulatory
Stablemen’s Lien Laws – Part 2: How They Differ
Stables looking to collect past-due board by invoking a stablemen’s lien law should take caution.
Almost all states have laws on the books that are specifically designed to give lien rights to horse boarding stables. State laws differ significantly as to stables’ rights when board has not been paid. Here are some examples of how the laws differ: Read More ›
Categories: Boarding, Regulatory, Sales/Disputes
Stablemen’s Lien Laws – Part 1: What They Are
Almost all states have laws on the books that are specifically designed to give lien rights to horse boarding stables. Some of these laws also give special lien rights to people who provide services to horses, such as veterinarians or farriers. These laws are often referred to as “stablemen’s lien laws” or “agisters lien laws.” They differ widely across the country and usually explain: Read More ›
Categories: Boarding, Regulatory, Sales/Disputes, Veterinary Malpractice
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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