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Showing 5 posts from May 2012.

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

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