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Showing 4 posts from October 2012.

Selling a Horse on Installment Payments - Part II: Common Disputes

Here are common risks involving installment sales.  Part III addresses ways to minimize them.

1) The Buyer Stops Making Payment

The most common risk of an installment payment arrangement is also the most foreseeable – the buyer stops paying.  Horse owners, unlike banks, put themselves at greater risk of encountering this problem because they fail or refuse to gather important information about the creditworthiness of a buyer, even if the buyer is a total stranger. Read More ›

Categories: Sales/Disputes

Selling a Horse on Installment Payments: Part 1 - What is an Installment Sale?

Banks do it.  Credit card issuers do it.  Horses can be expensive, and buyers often ask sellers to spread out their payments over months, or even years.  Should you, the horse seller, do it? Read More ›

Categories: Sales/Disputes

Winning Jockey Lost His Own Legal Battle

Ron Turcotte rose to fame after winning Thoroughbred racing’s Triple Crown riding the legendary “Secretariat.”  He lost his own legal battle in New York after being seriously injured in a horse race, mainly because of New York’s doctrine of “assumption of risk.”  Assumption of risk is a legal defense based on the theory that horse racing is an inherently dangerous sport and profession­al jockeys or drivers are best situated to know and appreciate the risks involved in the sport. Read More ›

Categories: Liability

Avoiding the “Attractive Nuisance”

Are you held liable if a child trespasses onto your property and is injured?

Hazardous places, conditions, or things on the land that tend to lure unsuspecting children are commonly known as "attractive nuisances."  Attractive nuisances are typically not natural conditions of the land, such as a pond, but rather are conditions that were created by the landowner or someone else on the property.  Swimming pools are classic examples.  Depending on the circumstances and how the state defines an “attractive nuisance,” a horse might qualify. Read More ›

Categories: Insurance, Liability

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Our Equine law blog (and its author) in the news!

Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

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 

What our Equine Law Services can Provide

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 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, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association 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.

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