Foster Swift Collins & Smith http://www.equinelawblog.com/ Common Equine Breeding Disputes and How to Avoid Them Tue, 14 May 2013 12:00:00 -0400 http://www.equinelawblog.com/Avoid-Common-Equine-Breeding-Disputes http://www.equinelawblog.com/339 Julie I. Fershtman Horse breeding transactions can generate several disputes, including the following:

Problem

The stallion’s show or race schedule prevents its availability for breeding by cooled semen or live cover.

If the breeding will be accomplished by live cover, AI, or shipped cooled semen, which requires the stallion to be available for collection, this problem can be avoided by a contract that specifies a range of dates or months in which the stallion can be available. Read about other common disputes ›

]]> When Veterinary Malpractice Seems So Obvious That No Expert is Needed Tue, 07 May 2013 12:00:00 -0400 http://www.equinelawblog.com/Veterinary-Malpractice-Obvious-No-Expert-Needed http://www.equinelawblog.com/337 Julie I. Fershtman In a typical veterinary malpractice case, the plaintiff (the party suing the veterinarian) must retain a qualified expert witness in an attempt to prove that the veterinarian breached an applicable standard of care and that the breach, and not something else, caused the horse to be injured. Finding the right expert takes effort, and paying the right expert for his or her evaluation and time can be expensive.

In some cases, however, the facts are so compelling that courts have found that no expert witness is deemed necessary. Here are some of those cases: Read More ›

]]> It Looks Like Veterinary Malpractice, But it’s Not Tue, 30 Apr 2013 12:00:00 -0400 http://www.equinelawblog.com/Veterinary-Malpractice-or-Ordinary-Negligence http://www.equinelawblog.com/335 Julie I. Fershtman Not every claim against a veterinarian is really a claim of veterinary malpractice. A small number of cases involving veterinarians are more appropriately brought as a claim of ordinary negligence on part of the veterinarian or the staff. Read More ›

]]> Legal Aspects of Buying a Horse from a Sales Agent Tue, 23 Apr 2013 12:00:00 -0400 http://www.equinelawblog.com/Legal-Aspects-Buying-Horse-Sales-Agent http://www.equinelawblog.com/334 Julie I. Fershtman Generally speaking, it is completely legal to do business with an agent in a business transaction.  An agency relationship generally exists when one person, such as a horse seller, agrees to allow another person to act on his or her behalf in a transaction. The agent acts on behalf of the “principal.”

Risks

Those who deal with parties claiming to be agents can encounter risks, such as: Read More ›

]]> Should Minor Children Sign Equine Contracts? Tue, 16 Apr 2013 12:00:00 -0400 http://www.equinelawblog.com/Minor-Children-Sign-Equine-Contracts http://www.equinelawblog.com/332 Julie I. Fershtman In March 2013, I was a speaker at an Agribusiness Conference in Sacramento, California. Members of the audience raised excellent questions, one of which was: Should minor children be permitted to sign a horse facility’s contracts, such as releases, even if the child’s parent or legal guardian also signs? Read More ›

]]> Tips for the Novice Horse Buyer Tue, 09 Apr 2013 12:00:00 -0400 http://www.equinelawblog.com/Tips-Novice-Horse-Buyer http://www.equinelawblog.com/329 Julie I. Fershtman Our office receives numerous calls from first-time horse buyers who are soured on the horse industry due to bad experiences with horse sellers. Some proceed with lawsuits. Horse buyers who proceed cautiously and seek assistance at the proper time can, in many cases, avoid disputes. This article offers some suggestions. Read More ›

]]> Three Written Words That Might Prevent a Lawsuit Tue, 02 Apr 2013 12:00:00 -0400 http://www.equinelawblog.com/Risk-of-Loss-Prevent-Equine-Sale-Lawsuit http://www.equinelawblog.com/328 Julie I. Fershtman Gene buys a mare from a horse seller across the country, and pays the full purchase price, which the seller receives. Shipping was set for the next day. As the shipper pulls in to get the horse, it is discovered that the horse has become seriously ill and dies within hours, while still at the seller’s stable. Is Gene entitled to a refund?

The answer could depend on three important words, “Risk of loss.” Read More ›

]]> Police Department Faces Possible Liability for a “Slow Speed Chase” of a Loose Horse Wed, 27 Mar 2013 12:00:00 -0400 http://www.equinelawblog.com/Police-Department-Liability-Chase-Loose-Horse http://www.equinelawblog.com/326 Julie I. Fershtman Police departments and local governments often enjoy governmental immunity, which protects them from liability except in limited situations. In one interesting but tragic loose horse case, a Florida court held that governmental immunity might not protect a municipality. That case involved a loose horse on an unlit highway late at night. A police officer spotted the horse on the road and followed from his squad car, but without lights (apparently, the officer had decided that the lights might spook the horse and turned them off). This resulted in a “slow speed chase” of the horse in an apparent attempt to herd it near the highway median. Read More ›

Tags: Liability
]]> The Unique Benefits of Hiring an Equine Law Practitioner Tue, 19 Mar 2013 12:00:00 -0400 http://www.equinelawblog.com/Unique-Benefits-Hiring-Equine-Law-Attorney http://www.equinelawblog.com/322 Julie I. Fershtman In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog.

Question

Has your equine law experience made a difference in specific cases where opposing counsel may have lacked similar experience? If so, how? Answer ›

]]> Equine Professional Licensing and Certification Tue, 12 Mar 2013 12:00:00 -0400 http://www.equinelawblog.com/Equine-Professional-Licensing-Certification http://www.equinelawblog.com/319 Julie I. Fershtman 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? ›

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