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
Animals as Property (Book Excerpt)
June 07, 2007
Like other property, animals are considered "goods" under the Uniform Commercial Code. This body of law, adopted in some form in every jurisdiction, governs business transactions. Disputes involving animals are resolved in the same way as disputes in Read More
Conservation Easements
June 01, 2007
Preserving farmland is frequently difficult, but not always impossible with conservation easements. Read More
Teeth Floater Files Suit Against Veterinary Group
October 01, 2006
Jim Johnson has been floating horses' teeth in Minnesota for some 20 years. His son, Christopher, would like to join the family business, but he cannot do so without violating state law. Enacted a year ago, Minnesota Statute § 156.075 defines Read More
Senate to Vote on Florida Veterinary Practice Act
June 01, 2006
Two years after the Florida Board of Veterinary Practice formally interpreted the state's Veterinary Practice Act to include a number of alternative therapies among practices limited to licensed veterinarians--to the dismay of many horse owners Read More
Senate to Vote on Florida Veterinary Practice Act Questions
April 21, 2006
Two years after the Florida Board of Veterinary Practice formally interpreted the state's veterinary practice act to include a number of alternative therapies among practices limited to licensed veterinarians--to the dismay of many horse owners Read More
What's My Horse Really Worth?
April 01, 2005
Sometimes circumstances make it necessary to determine the actual monetary value of a horse. If an owner purchases a mortality insurance policy on a horse, for example, it is necessary to know approximately how much it will cost to replace Read More
USEF Powers Upheld
June 01, 2004
The United States Equestrian Federation's (USEF) authority to enforce its own rules and regulations has been affirmed, at least temporarily, in a federal court in Lexington, Ky. A decision on whether the injunction should be made permanent is Read More
Breaking the Rules
May 01, 2004
Whether you realize it or not, and most likely you don't, administrative bodies of one type or another affect nearly every aspect of your horse activity. On the public side, for example, state departments of transportation license your farm truc Read More
More Than a War of Words
May 01, 2004
More than a half-century ago, noted science fiction author Isaac Asimov began his acclaimed series of Robot novels, examining increasingly complex interactions between humans and robots in a future world. Asimov's underlying premise for Read More
USEF Powers Upheld
April 30, 2004
The United States Equestrian Federation's (USEF) authority to enforce its own rules and regulations has been affirmed, at least temporarily, in a federal court in Lexington, Ky. A decision on whether the injunction should be made permanent is Read More
Legalities of Equine Rescue
November 01, 2002
Driving home one evening at dusk, you notice a horse standing listlessly in a small, fenced paddock on a farm located a few miles from your home. The horse looks quite thin, almost to the point of emaciation, and there is neither food nor water Read More
Basics of Being an Employer
August 01, 2002
You probably know the employment drill all too well--you place an ad in the local newspaper or on the bulletin board at the feed/tack store, ask your friends for a few names, interview some job prospects, review your budget, review your budget Read More
Business or Pleasure?
February 01, 2002
If you think that you need help preparing federal income tax returns for your horse activity, then you should seek the assistance of a qualified accountant or tax attorney. If, on the other hand, you think that you can manage the task without Read More
Breeding Contracts: Read the Fine Print
December 01, 2001
Spring -- a time for new beginnings and unrealized potential -- might be the most enjoyable season of the year for a mare owner. The sight of a healthy foal romping with its dam in the field can easily pus Read More
Mediation vs. Litigation
October 18, 2001
Disputes arise with an alarming frequency in the horse business. They can range from something relatively minor, such as a misunderstanding over a feed bill, to a problem serious enough to threaten the continued Read More
Lien On Me
October 11, 2001
Unpaid bills can be the ruin of any business. Whether you operate a large training stable or a modest boarding farm, the way you deal with the inevitable client who cannot, or will not, pay the board bill might decide whether your business Read More
Boarding Contracts Part 2
October 05, 2001
Many attorneys recommend including in boarding contracts an exculpatory clause in which the boarder agrees to a waiver of the farm's liability for personal injuries or injuries to the horse. This is important due to the nature o Read More
Colorado Legislation
January 01, 2001
Legislation passed by voters in Estes Park, Colo., might have an unintended negative impact on area horse competitions. Initiative 200 was placed on the November 1999 ballot in the mountain tourist town by opponents of a proposed wildlife center Read More
Liability Issues
December 01, 1999
Whether horses are your vocation or avocation, it is important to shield yourself from as much potential liability as possible. Failure to do so can be devastating, both personally and professionally. Read More
Boarding Contracts
November 01, 1998
No one wants to add complication and aggravation to a business or pleasure activity, and for many horse enthusiasts, the use of written boarding contracts is viewed as providing more hassle than benefit. After all, you might think, what is the Read More
Limitation of Liability
August 01, 1998
Horses often seem to be accidents waiting to happen, and most horse owners can recount at least one horror story that starts with: "You aren't going to believe this, but..." Less apparent, but equally true, is the realization that horse Read More
How Do You Own Your Business?
April 01, 1997
A question often put to attorneys is: "Should I incorporate my (fill in the blank) business?" The answer depends on several factors, and involves weighing the advantages and disadvantages of the various forms of ownership that can be chosen for Read More
