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Showing 4 posts from November 2012.

Can You Contract With a Child?

A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses.  She is old enough to drive a car, but is she old enough to enter into a contract with you?

The answer is no.  Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you. Read More ›

Categories: Liability, Sales/Disputes

Papers, Papers - Who Has the Papers? Part II - Avoiding Registration Paper Disputes

Part one of this series explored the buyer's legal rights against sellers who fail or refuse to provide breed registration papers.  This part examines suggestions for buyers to consider in an attempt to avoid equine registration paper disputes. Read More ›

Categories: Sales/Disputes

Papers, Papers - Who has the Papers? Part I – Legal Rights in Registration Paper Disputes

Two months ago you bought the mare you always wanted.  Your goal was to win championships in breed-recognized horse shows and then retire the mare for breeding.  A terrible problem has derailed your plans:  The seller will not transfer the horse's registration papers into your name.  Your arsenal of weapons is limited -- there is no written sales contract, but you recall the seller promising to send you the horse's papers "right away" the day you gave him your money (a promise he now denies ever making).

What are the buyer's options in these types of situations?  Here are a few of them: Read More ›

Categories: Sales/Disputes

Selling a Horse on Installment Payments: Part III – Avoiding Common Disputes

Over the years, horse sellers have entered another’s property, such as a private barn or pasture, in an attempt to repossess a horse, only to face costly legal battles and sometimes even criminal charges of trespass and theft, as a result.

Here are suggestions for avoiding equine installment sales disputes. Read More ›

Categories: Sales/Disputes

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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.

Julie Fershtman’s Recent and Upcoming Equine Law Speaking Engagements Include:

National Conference on Equine Law in Louisville, Kentucky on April 29, 2020. Topic will be on Waivers/Releases of Liability Involving Minor Participants. 

U.S. Hunter Jumper Association (USHJA) Annual Convention in Denver, Colorado on December 10, 2019. Topic will be on Equine Liability. 

IRMI Emmett J. Vaughan Agribusiness Conference (“AgriCon”) in Sacramento, CA (April 2019), and Richmond, VA (June 2019) and in Des Moines, IA (September 2019), on topics of “Equine Activity Liability Acts” and “Equine Mortality Insurance Disputes.”

National Conference on Equine Law in May 2019 in Lexington, KY, on the topic of “Equine Activity Liability Act Updates” and liabilities involving hosting of equine clinics. 

Agricultural Claims Conference in Kansas City, MO, in March 2019 on topics of “Loose Livestock Liabilities.”

2018 American Bar Association Annual Meeting in Chicago, IL, on “Equine Mortality Coverage and Disputes.”

November 2018, American Horse Council webinar on “Equine Liability.”

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. 


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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Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers