On January 23, 2012, the U.S. Supreme Court ruled that while states may be able to enact laws banning the slaughter of horses, states cannot impose their own laws governing how animals are handled and processed at federally-regulated slaughterhouses. A link to the U.S. Supreme Court’s opinion can be found here.
This opinion was
Happy New Year, Equine Law Blog readers! Here’s to the hope that you and yours find all opportunities for joy and happiness, as well as prosperity in abundance in 2012.
2011 brought a number of significant legal events / changes that will affect many people involved in the Texas horse industry. The "Top Seven of 2011"
On December 15, 2011, the American Horse Council (AHC) issued a news release publicizing its opposition to the Department of Labor’s (DOL) proposed child labor regulations concerning children working on farms because of its potential negative impacts on the horse community.
The AHC was organized in 1969 to represent the horse industry in Washington before Congress
Most of you have already read about the heated legal battle over the horse-drawn carriage industry in New York City, where some groups have been pushing for decades to outlaw carriage rides. On its face, the battle seems to be about whether or not the industry is inherently cruel or dangerous for the horses. But more recently
Pigs are flying, or they must be somewhere in the world. President Barack Obama (while campaigning for his second term in office, I might add) has signed a bill essentially re-legalizing horse slaughter, and PETA is happy about it! Had you told me this a couple of weeks ago, I would have thought these events as
Next Wednesday (November 9, 2011) the U.S. Supreme Court will hear oral arguments on a case where the main issue is States’ rights to impose their own regulations on federally-inspected slaughterhouses. The case is National Meat Association v. Harris (Docket No. 10-244). Though the case involves swine instead of horses, the Court’s decision might ultimately affect the
You rarely ever see a trial court sign an 80-page order…especially in a horse case.
But on September 12, 2011, U.S. District Judge Timothy J. Corrigan of the Middle District of Florida signed an 80-page order on a motion for permanent injunction in a case stemming from an April 2009 incident involving 21 Venezuelan polo horses that died
As discussed in a prior post, reining has hit the international scene like wildfire. Not unlike the sports of Thoroughbred racing and eventing, high-level reining events are now being held in a number countries outside North America that have differing customs regarding acceptable medications and dosage levels for equine athletes during performances.
The National Reining
"Absolute insurer rules" and "trainer liability rules," common in horse racing and other equine sports, presume that trainers are responsible when their horses test positive for illegal substances. In effect, the rules make trainers guilty unless proven innocent.
The effect of this presumption is to shift the burden of proof from the governing body to the trainer, who must prove innocence by showing that he or she did not negligently administer a prohibited substance to the horse or did not negligently allow someone else to interfere with the horse. These rules can result in the imposition of a penalty against the trainer and/or the horse’s owner without actual proof of guilt.
Courts have uniformly upheld the absolute insurer rules, despite the fact that they appear to violate the due process of law.Continue Reading Race Horse Trainers “Guilty Until Proven Innocent”