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Avoiding Protracted Litigation After the Sale

Most often, the bill of sale marks the completion of the sales transaction, with the buyer getting the horse anticipated and the seller receiving consideration. The thought of litigation is not the foremost of considerations. But the potential for a buyer feeling duped and the seller feeling vulnerable to suit exists and basic measures could be taken to minimize the risk to both parties.

By |March 24th, 2015|Articles|

Leone Equestrian Law Launches EquestrianCounsel.com

Leone Equestrian Law, founded this fall as a legal services and consultation firm for equestrian professionals, is proud to unveil their website: EquestrianCounsel.com.

Providing legal counsel and representation to equestrians ranging from riders and trainers to owners and show managers in the FEI disciplines, Leone Equestrian Law was created by Armand Leone, an experienced member of the horse sport community. With extensive presence in the equine industry, Leone is bringing more than a decade of legal expertise to the sports he loves.

By |March 14th, 2015|Articles|

USEF Videotape Review Rule 141.3 Needs Revision

The use of videotape review has become common place in high level sports and is used to resolve decisions on the field of play that affect the outcomes of games. Equestrian sport has also started to use videotape review to verify scoring decisions. Both the Arabian Rules and the Jumper Rules contain videotape review procedures for verifying scoring questions and decisions in competition. The Arabians got it right; the Jumpers got it wrong.

JP 141.3. Use of Videotape. Judge(s) may, at their discretion, view videotape of all or part of a class in order to verify decisions involving scoring. Upon review of such videotapes, provided it is within 24 hours of the completion of the class, such judge(s) may make corrections to the placing of the event.

By |January 28th, 2015|Articles|

The Horseman’s Lien

Boarders come and boarders go, but sometimes they leave with unpaid bills. What is a trainer or barn owner to do when a boarder leaves with a large unpaid bill? Unfortunately, most barn owners and trainers do not have security deposits to cover departing boarders’ unpaid bills. Previously harmonious relationships breakdown and the boarder threatens to leave. Once the horse is out of the barn, it is too late to do anything but commence a prolonged legal battle to get paid. The barn owner or trainer has to spend money to go to court. The process of getting back the money rightfully owed is long, and the legal costs are often unrecoverable. Even if the boarding agreement has provisions for payment of legal fees in case the barn owner has to sue to enforce the agreement, resolution is prolonged and uncertain. What can the barn or property owner to do?

By |January 22nd, 2015|Articles|

Concussion Recovery- Short Rest Works

Recommending strict rest for adolescents following concussions leads to slower symptom recovery and no better outcome. A recent article in Pediatrics from the Medical College of Wisconsin looked carefully at treatment for children who sustained concussions and were discharged from the ED in order to determine whether a recent trend of strict rest with no activities led to improved outcomes over the usual 1 to 2 day rest and stepwise return to activity. The strict rest approach was based on animal and retrospective human data that suggested that physical and mental activity within days following concussive injury worsened outcomes. In practical terms for parents, the study addressed the physical rest and mental rest for the child, meaning no school, homework or other cognitive effort, should be a day or a week.

By |January 10th, 2015|Articles|

The 5 Figure Sale Danger Zone

Looking back over “horse deals gone bad” in both my personal and professional career representing horse owners and trainer, the most difficult disputes to resolve are those when the price of the horse and the cost of litigation are the same. This no man’s land involves horses that are sold for five figures – that is a price between $10,000 to 90,000. Even if it is an “As Is” Sale, it costs to defend against claims of negligence, fraud and misrepresentation, These costs can eat up not only the seller’s profit on the sale but also cause a loss of the underlying money that was used to buy the sale horse.

By |December 30th, 2014|Articles|