Milt Toby, JD

Milt Toby was an author and attorney who wrote about horses and legal issues affecting the equine industry for more than 40 years. Former Chair of the Kentucky Bar Association's Equine Law Section, Toby wrote 10 nonfiction books, including national award winners Dancer’s Image and Noor. You can read more about him at

Articles by: Milt Toby, JD

Keeping Records

Keeping Records

Always err on the side of keeping more records than you think you actually need, but keep them organized.

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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). Agencies of the federal government generally are immune to lawsuits under the principle of sovereign immunity, but there are a few limited exceptions.

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Financing a Horse Business

For the vast majority of consumers and business owners, an infusion of outside capital is necessary to buy any big-ticket item–a home, a farm, livestock, equipment.

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Bankruptcy Myths

“Steal a little and they throw you in jail,” Bob Dylan wrote a few years ago, “steal a lot and they make you king.” In today’s economy that means you receive a huge government bailout if you accumulate billions in debt and are “too big to fail,” but for everyone else, you’re on your own. Bankruptcy might be the only viable alternative for many individuals and businesses, horse owners among them.

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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 counts of animal neglect, a Class A misdemeanor, Paragallo was sentenced to two years in jail and ordered to pay fines totaling $33,000 ($1,000 for eac

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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 by the University of Kentucky College of Law’s Office of Continuing Education, the April 28-29 conference attracted more than 180 participants from 27

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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,

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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 with little experience in the horse business about the ins and outs of the show horse world; he had to make a dispute about the purchase of a six-figur

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Bankruptcy: Can I Keep My Horse?

Horse owners aren’t immune from financial challenges, and for some people bankruptcy might serve as the best, or only, option. But what happens to the horses if their owner declares bankruptcy?

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