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. His weekly blog on equine law, Horses and the Law, can be found at www.thehorse.com.

Articles by Milton C. Toby, JD

Horse Farm Liability

Insulating your equine business from liability requires thinking inside a protective box. Read More

Horse-Sitting 101: Legalities to Consider

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

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

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

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

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

Horses and riders have a propensity for getting hurt at competitions and at home. Read More

Helmets, Damages, and Waivers

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)

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)

Horses often seem to be accidents waiting to happen. It's important to shield yourself from liability. Read More

Sharing the Risk

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

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?

What happens to the horses if their owner declares bankruptcy? Read More

Massachusetts Euthanasia Case: Of Pleas and Precedents

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

Tame that wild pile of unorganized paperwork throughout the year to optimize the horse and farm ownership experience.

Editor's Note: This article provides general information only, and readers should consult with a Read More

Regulation of Complementary Therapies: States of Confusion

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

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)

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?

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

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

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)

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

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

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

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