Equine and Farm Animal Activity Liability Acts (Now in 48 States) – What They Are and Litigation Issues

Julie I. Fershtman | Foster Swift Collins & Smith PC

Julie I. Fershtman is an Equity Shareholder with the 100-lawyer firm Foster Swift. She handles a broad range of civil matters, including business litigation, insurance coverage, contract disputes, agribusiness law, insurance defense, premises liability, sporting and recreational liability, construction law/defect, agribusiness, business torts, real estate disputes, defamation, and fraud matters. Her experience includes trials, arbitrations, mediations/facilitations, and appeals. In addition,  she is widely recognized as one of the nation’s leading lawyers in the areas of equine law.

She has tried cases before juries in four states (Michigan, Illinois, Ohio, Connecticut) and has litigated cases before the Michigan Court of Appeals and Michigan Supreme Court. With national experience, she has been pro hac vice (especially admitted out-of-state counsel) in state and federal courts in 21 jurisdictions.

A lawyer for 38 years, she has achieved numerous recognitions. Michigan Lawyers Weekly singled out as 2016 “Woman of the Year” in Michigan’s legal profession and named her to its “Michigan Lawyers Hall of Fame” in 2024. She has been listed by Michigan Super Lawyers every year since 2008 and included in its lists of Michigan’s “Top 100 Lawyers” and “Top 50 Women Lawyers” for several consecutive years.

She has been listed in The Best Lawyers in America for Insurance Law and Commercial Litigation every year since 2013. Lawyer rating service Martindale rates her “AV” 5.0/5 (highest possible rating).

She is a past president of the 46,000-member State Bar of Michigan and was only the 5th woman ever to be elected to that position. She  also served on the ABA House of Delegates. For her contributions to the profession, she received the State Bar’s highest honor, the Hudson Award. She also received the Women Lawyers Association of Michigan’s prestigious “Jean King Leadership Award.”

Crain’s Detroit Business recognized her among its “40 Under 40” Detroit-area business leaders, named her a “Woman to Watch,” and twice recognized her as a “Notable Woman in Law.” DBusiness Magazine repeatedly recognized her as a “Top Lawyer.” ABA awarded her its “Excellence in the Advancement of Animal Law” Award.

She is a Fellow of ABA, Michigan, Detroit, and Oakland County Bar Foundations. She is also a Senior Fellow of the Litigation Counsel of America, a national, invitation-only trial lawyer honorary society. Her speaking engagements span 29 states on topics of liability, insurance, and risk management. She has authored over 400 published articles and 4 books on legal issues. The ABA published her latest book, which won four national book awards. She earned her undergraduate and law degrees from Emory University.

I. The 48-state equine and Farm Animal Activity Liability Act ALAs –What they generally do | 1:00pm – 1:10pm

II. Common characteristics | 1:10pm – 1:20pm

III. Immunities | 1:20pm – 1:30pm

IV. Exceptions to immunity | 1:30pm – 1:40pm

V. Exclusions from applicability | 1:40pm – 1:50pm

VI. Sign posting requirements | 1:50pm – 2:00pm

Break | 2:00pm – 2:10pm

VII. Contract language requirements | 2:10pm – 2:20pm

VIII. Review of 2 or 3 uncommon state EALAs | 2:20pm – 2:30pm

IX. States with no EALAs – California and Maryland: Worse off? | 2:30pm – 2:35pm

X. Helpful system for understanding EALAs and how/if they apply to an incident | 2:35pm – 2:40pm

XI. Statutory amendments – How and why? | 2:40pm – 2:45pm

XII. Themes of litigation nationwide involving EALAs | 2:45pm – 2:50pm

XIII. Latest trends around the country | 2:50pm – 3:00pm

XIV. National trends and litigation issues | 3:00pm – 3:10pm