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 Slaughter and the Commerce Clause

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

Animals as Property (Book Excerpt)

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

Preserving farmland is frequently difficult, but not always impossible with conservation easements. Read More

Teeth Floater Files Suit Against Veterinary Group

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

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

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?

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

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

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

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

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

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

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?

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

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

Hardly ever is it sound business practice simply to ignore a dispute, but how should you proceed? Read More

Lien On Me

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

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

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

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

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

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?

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