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Showing 5 posts from July 2012.

Avoid Equine Sale Disputes

I receive numerous calls from people who either believe they have a case against a horse seller or from horse sellers who have been threatened with lawsuits.  As an attorney who has handled many sales cases and tried them in court, representing buyers and sellers, I know that many of these disputes are avoidable.  Here are some options to help avoid sales disputes: Read More ›

Categories: Sales/Disputes

Genome Sequencing: The New Frontier of Equine Breeding?

Genome sequencing/DNA-mapping of horses has been under way. A research team at Texas A&M University mapped one of its University-owned Quarter Horses (an adorable bay, foundation-bred mare). The testing provided, according to a Texas A & M geneticist, triple the genetic variation normally known about horses. Read More ›

Categories: Contracts

Another Injured Jockey’s Case “Bites the Dust”

Many recall the legendary “Secretariat” ridden to his 1973 Triple Crown victory by jockey Ron Turcotte.  Years later, Mr. Turcotte sustained crippling injuries while racing a horse at Belmont Park, and his litigation against multiple defendants was dismissed primarily because New York recognizes the doctrine of “primary assumption of risk,” and the court found that Turcotte assumed the risk of injury.  [That case was Turcotte v. Fell, 68 N.Y.2d 432, 502 N.E.2d 964, 510 N.Y.S.2d 49 (1986).]  New York is one of four states nationwide without an equine activity liability act. Read More ›

Categories: Liability

Does a Horse Rescue Adoption Give You Ownership?

Animal rescue organizations sometimes face the question of whether the “adoptee” of a rescued animal holds title to that animal and can use it for any purpose, even re-sell it.  An equine rescue in New York litigated the issue of title in Cohen v. Rostron.1 Read More ›

Categories: Contracts, Sales/Disputes

Leather and the Law (Equipment-Related Liabilities)

Saddles, bridles, and harnesses are necessary assets in equine activities, but they can also generate liabilities.  Over the years, lawsuits have claimed that someone either provided faulty equipment or improperly failed to detect and fix foreseeable equipment defects.  For example, a 1992 Illinois court case involved a community center that provided horseback rides.  During a ride, a cinch strap broke, causing the rider to fall from the horse and suffer injuries.  The injured person blamed the mishap on an allegedly “worn, dry, and old” cinch strap that the center knew of or should have known about. Read More ›

Categories: 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.

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. 

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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