Equine Law
Anne doesn’t need to be educated on the basics when working with clients on equine-related issues, as she already “speaks horse.” When she was nine, her parents bought a pony thinking she would outgrow the horse phase, but she never did. She has spent her life around horses, owners, and trainers and has an appreciation for a wide variety of breeds and disciplines. Decades of experience with horses, coupled with nearly 20 years of law practice, form the cornerstone of knowledge she relies upon when counseling clients in the equine industry.
As a rider and horse owner, Anne is well situated to assist clients ranging from hobby farm owners to large training stables to non-profit riding clubs and horse rescues. She has counseled clients on diverse equine-related issues, such as setting up board and training operations, effective drafting of sale and lease agreements, and advice on risk management, including liability waivers and best practices under the Kentucky Farm Animal Activity Act. In addition, as an experienced litigator, she has represented clients in disputes involving sale/lease agreements, soured partnerships, oversights in pre-purchase exams, and equine-related personal injury and product liability matters.
Anne also understands the time and expense of litigation is often a barrier to small- and medium-sized equine industry clients, particularly when it comes to breach of contract disputes. At the same time, equine stakeholders need and deserve a forum to resolve disputes in a cost-effective manner. Anne believes mediation offers a cost-conscious alternative to litigation, as well as an opportunity for parties already in litigation to find certainty and finality in what is often an uncertain process. She is uniquely suited to mediate equine-related cases as she can combine her litigation experience, “horse sense,” and mediation training to assist parties in exploring potential resolutions.
Experience
Rodrock v. Gumz, 2012 U.S. Dist. LEXIS 57245
Represented plaintiffs in business dispute related to stallion management and partnership agreements. Client entered agreement with a farm to stand four Quarter Horse stallions, and also bred several mares in partnership with the farm. A dispute arose over whether the farm was breeding personal and farm-owned mares to the client’s stallions without payment. We pursued multiple contract and tort-based claims against the farm and coordinated and supervised the removal of all client horses from the property. A federal district court applying Kentucky law denied defendants’ motion to dismiss four of our claims and found that the economic loss rule did not apply to service contracts.
Crawford Farms Lexington, LLC v. Jeffrey Treadway, et al.
Represented consignor in lawsuit arising from sale of racing or broodmare prospect at auction. After sale, genetic testing revealed that the mare was genetically male. Purchaser sued auction company, consignor, seller, and examining veterinarian, alleging multiple claims against each. We pursued an aggressive early motion for summary judgment based on the conditions of sale and the economic loss rule. After briefing and argument, the Fayette Circuit Court granted our motion.
Spencer Benedict Stables v. Burkmann Feeds of Glasgow
Represented an animal feed manufacturer in a toxic tort case in which a farm alleged that contamination in a custom mixed horse feed caused an outbreak of illness and death involving 40 horses. The plaintiffs sued two component part manufacturers and our client who developed the formula and mixed the finished feed. The case required specialized knowledge of the animal feed business, FDA requirements and investigation processes, sequencing and other best practices to avoid cross-contamination, and detailed knowledge of each of the horses affected. The parties engaged in plant and farm inspections, thousands of pages of document production, and more than fifty depositions.
Pre-Purchase Disputes
Our client purchased an American Saddlebred show horse in reliance upon a pre-purchase examination performed by a local veterinarian. The examination failed to note navicular cysts in both front feet despite the cysts being visible on radiographs taken during the exam. The horse became chronically lame and required management for the rest of his life. We assisted our client in submitting a claim to veterinarian’s malpractice insurer and in negotiating a settlement without the need for litigation.
LLC Formation and Tenant Troubles
Formed the client LLC and facilitated transfer of a farm into a LLC. Worked with the client to negotiate a lease agreement with a horse trainer interested in leasing the property. After advising the client on several issues related to the trainer’s compliance with the lease, we assisted the client in declaring the trainer to be in default, terminating the lease agreement, and initiating and completing forcible detainer proceedings to evict the trainer. We then assisted the client in negotiating a new lease agreement and a settlement agreement with the trainer.
Horse Boarding Operations
We routinely represent clients of all equine disciplines in farm purchases, with the intent to undertake a horse boarding operation. In conjunction with the client’s accountants, we advise clients on entity formation and form entities to hold the real estate and run the business, respectively. We prepare a lease agreements for the business LLC to lease the farm from the property LLC, and we facilitate the transfer of personal property (horses) into the business LLC. We also advise the client on risk management and insurance issues relating to boarding operations including boarding agreements and waivers.
Outside Counsel for Nonprofit Horse Rescue
Saddlebred Rescue, Inc. (SBR) is a non-profit horse rescue based in New Jersey. We serve as SBR’s outside counsel and advise on corporate governance and non-profit best practices. We also prepare adoption agreements and advise on a variety of issues related to fundraising, social media, and staffing.
Ongoing Counsel to Show Horse Training Barn
Our client is an American Saddlebred training operation with show horses and a large lesson program. Over the years, we have advised the client on reinstatement of the LLC, registration of an assumed name, property lease negotiations, and collections matters. In addition, we have prepared show horse lease agreements and advised on general risk management issues.
Pro Bono Counsel to Historic Riding Club
Our client is a historic riding club with 501(c)(3), and we assist with pro bono legal work. We have prepared license and lease agreements, advised on property valuation issues, and counselled on insurance and liability issues for both the club and its annual horse show.
Counsel to Equine Non-Profits
We serve as outside general counsel for numerous equine non-profits including Saddlebred Rescue, Retired Racehorse Project, The Thoroughbred Makeover, New Vocations, Paso Fino Horse Association. Our equine rescue and rehabilitation clients purchase horses from auctions and sales, or receive donated horses, to rehabilitate any health concerns, by using a professional trainer to evaluate the horses, determine their level of training and suitability, and adopt them into appropriate homes. Our work for rescues includes handling corporate compliance, insurance and fundraising issues, drafting and guiding policies on social media use and revising adoption contracts and releases.
Advising Training Stable Operator on Business Matters, Litigation
This client maintains a training barn and lesson program in Kentucky. Our work includes general business advice, collections litigation, liability waivers and risk management, counseling on disputes with customers, bills of sale, agency/commission disclosure obligations and boarding and training contracts.