Milt Toby, JD
Author and attorney Milton C. Toby writes and speaks about equine law and business. He is Chair of the Kentucky Bar Association’s Equine Law Section and past Chair of the Equine Division at Midway College. He teaches Equine Commercial Law in the University of Louisville’s Equine Business program. He is the author of The Complete Equine Legal and Business Handbook and Ruffian and is co-author of Understanding Equine Law and Understanding Equine Business Basics, all published by Eclipse Press and available at www.ExclusivelyEquine.com or by calling 800/582-5604. His weekly blog on equine law, Horses and the Law, can be found at www.thehorse.com.
Articles by Milton C. Toby, JD
Horse-Sitting 101: Legalities to Consider
October 05, 2011
Eliminate some of the anxiety of leaving your horse with a sitter by preparing for the trip in advance. Read More
Possible Deadline for CEM Lawsuits
December 03, 2010
Horse owners whose animals were affected by a contagious equine metritis (CEM) outbreak during the 2009 breeding season might have the option of filing a lawsuit for damages against the USDA's Animal and Plant Health Inspection Service (APHIS). Read More
Financing a Horse Business
November 01, 2010
Outside capital is needed to buy big-ticket items or deal with bills in the face of an erratic cash flow. Read More
Bankruptcy Myths
June 01, 2010
Since October 2006, when bankruptcy law went through a significant overhaul, that added filing limitations and consumer protections, bankruptcy filings have shown a steady rise. There are no reliable figures on how many bankruptcies involve horse Read More
Thoroughbred Breeder Gets Maximum Sentence for Neglect
May 21, 2010
Citing a "failure to recognize" bad acts and a "lack of remorse," Judge George J. Pulver Jr. on May 18 handed down the maximum possible sentence to prominent Thoroughbred owner and breeder Ernest Paragallo. Convicted on 33 c Read More
Risk Management Essential for Horse Businesses
May 17, 2010
Horses and riders have a propensity for getting hurt at competitions and at home. Event sponsors and boarding Read More
Helmets, Damages, and Waivers
April 29, 2010
Mandatory helmet laws for riders, damages available to a successful plaintiff in equine litigation, and liability waivers were among the topics addressed during the first day of the 25th National Conference on Equine Law in Lexington, Ky. Presented Read More
Establishing a Horse Business (Book Excerpt)
April 04, 2010
Owning horses can be a serious business for some people or a pleasant hobby for others. There is no legal requirement that a horse operation must be classified as a "business," but if you plan to operate a commercial boarding stable, Read More
Liability and Horses (Book Excerpt)
March 29, 2010
Horses often seem to be accidents waiting to happen. It's important to shield yourself from liability. Read More
Sharing the Risk
March 01, 2010
Insurance is nothing more than a way for one person to shift to someone else the risk of something bad happening. I pay you a premium; in return, you agree to take the financial hit if I have an accident, or my horse dies or gets sick/injured. Read More
Horse Fraud Trial: Winning the Selleck Case
October 19, 2009
Trial lawyer George Knopfler faced a number of unique challenges beyond simply proving the facts of his case when he represented actor Tom Selleck and his family in a lawsuit alleging fraud in the sale of a show horse. He had to educate a jury Read More
Bankruptcy: Can I Keep My Horse?
April 02, 2009
The stock market is down, money and credit are tight, bills aren't getting paid, and creditors are calling--what's a person to do? Horse owners are not immune from the current economic crisis, and for some people bankruptcy might be the best, or Read More
Massachusetts Euthanasia Case: Of Pleas and Precedents
February 08, 2009
A defendant’s admission of sufficient facts to warrant a finding of guilt on a criminal charge, such as one made by Elliot S. Saffran, a Massachusetts horse owner charged with animal cruelty, sounds a lot like a guilty plea. Unlike a guilty plea Read More
For the Record: Taxes and Recordkeeping
February 01, 2009
Editor's Note: This article provides general information only, and readers should consult with a Read More
Regulation of Complementary Therapies: States of Confusion
June 27, 2008
Not too many years ago, proponents of massage therapy, acupuncture and acupressure, chiropractic, and other complementary or alternative therapies for animals often were dismissed as part of the lunatic fringe. Today, with apologies to Bob Dylan, the Read More
Minnesota Equine Tooth Floaters Lose First Round
June 24, 2008
The Minnesota Board of Veterinary Medicine can continue to regulate the floating of horses' teeth as the practice of veterinary medicine, according to the Fourth Judicial District Court for Hennepin County. In a 51-page decision rendered June 20 Read More
Trusts (Book Excerpt)
June 19, 2008
Various kinds of trusts can be valuable estate planning tools, although trusts probably are not the cure-all for probate problems they sometimes are advertised to be.
Revocable Trusts
Revocable trusts also are known a Read More
Supreme Court Horse Slaughter Decision: What Does This Mean?
June 17, 2008
The Supreme Court of the United States on June 16 denied certiorari in Cavel International, Inc. v. Madigan (No. 07-962), leaving in place a decision by the Seventh Circuit Court of Appeals upholding a ban on slaughter of horses for human Read More
Maryland Veterinary Practice Act Under Fire
June 13, 2008
Mercedes Clemens is a licensed massage therapist who lives in Rockville, Md. Her patients included both humans and animals (primarily horses) until February, when she received a cease and desist order from the Maryland Board of Chiropractic Read More
Keeping Records
June 02, 2008
At some point, in response to an audit, for example, it may be necessary to prove to the IRS that your horse activity really is a business entitled to deductions for business expenditures. You also may be required to prove the level of your participa Read More
Liability and Horses (Book Excerpt)
November 12, 2007
For someone in the horse business, liability lurks behind every stall door, in every paddock, on every trail, and in every business transaction. When you buy a load of hay on credit, for example, you are incurring a liability Read More
Equine Dentists Challenge Texas Law
August 29, 2007
A showdown is looming in Texas between a group of equine dentists and the Texas State Board of Veterinary Examiners over who should be allowed to work on a horse's teeth. The State Board fired the first shot in the exchange earlier this year by Read More
Private Sales of Horses
July 12, 2007
When the object of the contract is the sale of a horse, everything is open for negotiation--the identity of the horse, the purchase price, the terms of the sale, warranties, time and method of delivery, and the passing of the risk of loss. Read More
Foals of the Future: Legal Ramifications of Cloning and Other Breeding Technologies
July 01, 2007
Two-time Thoroughbred Horse of the Year John Henry enjoys the life of Riley at the Kentucky Horse Park, munching grass and making occasional appearances for park visitors. It's a well-deserved retirement of one of the best horses ever to set foot o Read More
Horse Slaughter and the Commerce Clause
June 23, 2007
When United States District Judge Frederick Kapala extended a temporary restraining order allowing an Illinois horse slaughterhouse to continue operating through June 28, the decision was characterized by many people as a statement on the Read More
