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REPRESENTATIVE CLIENTS

Kathy's practice focuses on equine law and providing sound, practical advice to members of the equestrian community. Kathy's advice is informed by more than 35 years of experience within the horse industry as a rider, owner, exhibitor, breeder, and judge. Her personal knowledge within the industry provides valuable insight into her approach to representing her clients in a wide range of legal matters. Kathy's approach is further informed by her professional experience, prior to establishing her own practice, working with some of Oregon's most respected debtor/creditor and business lawyers.

 

Kathy primarily represents amateurs and professionals within Oregon and Washington's equine industry, including boarding facilities, breeders, trainers, owners, riders, and sales agents. Her clients participate in the English and Western disciplines, including hunter/jumper, dressage, combined training, pleasure classes, Pony Club, cutting, barrel racing, and trail riding. 

NOTABLE REPRESENTATIVE CASES

  • After a multi-day bench trial of a sales dispute, Kathy obtained a substantial money judgment for her clients. Kathy's clients had purchased several horses from a single seller, and they brought several claims against the seller for fraud and violation of state consumer protection laws. Kathy successfully argued the case before the Oregon Court of Appeals, and her client's victory at trial was upheld.

 

  • Kathy represented a trainer in a dispute against the trainer's former client over injuries to a stallion. The injuries required extensive medical care and lengthy hospitalization. The stallion owner not only claimed Kathy's client was liable for the stallion's injuries, but also that the stallion was permanently unusable for breeding. The stallion owner sought hundreds of thousands of dollars in lost future breedings. The case was settled early on, after some motion practice and initial discovery.

 

  • Kathy represented a trainer in a dispute with the trainer's former client. The buyer bought a horse from the trainer, and later claimed the horse's conformation impacted its soundness and future performance potential. Among other claims, the buyer sued for fraud and violation of state consumer protection laws. The case was settled through mediation prior to trial.

 

  • Kathy represented a buyer in a dispute over the purchase of horse for the buyer's minor child, a novice. The horse had a lengthy history of dangerous behavior that was known to the sellers and their agent. Among other claims, the buyer brought claims for fraud and violation of state consumer protection laws by misrepresenting the horse's temperament and prior behavior. The case was resolved prior to trial.

 

  • Kathy represented a buyer, a novice, in a sales dispute with the horse's breeder/seller. After making a few payments on the horse, the buyer claimed the horse was unsuitable for her and stopped making payments. The breeder/seller sued to collect the balance due, and the buyer countersued. The case was resolved in arbitration, prior to trial.

 

  • Kathy represented breeders in a dispute with their veterinarian. The veterinarian provided breeding-related and board services for several of the breeders' horses and frozen semen storage. One of the breeders' horses suffered a permanent, disfiguring injury while in the veterinarian's care. The breeders owed the veterinarian a large amount of money. The veterinarian had possession of the breeders' valuable property, claiming a lien on it and refusing to release it until paid in full. The breeders refused to pay their bill in part because of their horse's disfiguring injury, and wanted their bill reduced accordingly. Without the need for litigation, the parties negotiated a settlement reducing the balance due, and providing for a payment plan and release of the breeders' property.

 

  • Kathy represented breeders in a dispute with their former trainers. The breeders owed a large amount of money to their former trainers for training, board, show-related services, and other expenses for multiple show horses. The trainers had possession of one of the breeders' horses, claiming a lien on it and refusing to release it until paid in full. The breeder refused to pay their bill in part because of various complaints about the trainers' services and disfiguring injuries to their horses that occurred while they were in the trainers' care. The trainers filed suit to collect payment, and the breeders asserted multiple counterclaims.

 

  • Kathy represented a seller in a collection matter. There was no written sales contract. The horse was shipped out-of-state without being paid for. Kathy successfully negotiated a payment plan, without need for litigation, and her client was paid in full, including interest and attorney fees.

 

  • Kathy represented buyers who, with the assistance of a trainer/agent and a veterinarian, purchased an expensive show horse. The horse's pre-purchase examination records suggest symptoms of a serious medical condition were present at the time of the examination. The records further suggest the veterinarian either failed to appreciate the severity of the problem, or failed to fully and accurately disclose the problem to the buyer. Within months of purchase, the horse became unrideable and dangerous to handle, requiring major corrective surgery and extensive rehabilitation.

 

  • Kathy represented a trainer in a debt collection matter, where the trainer's client owed a large amount of money for training and show-related fees and costs. The trainer asserted creditors' rights available under state law to keep the horse until the trainer was paid. The trainer was paid in full, including attorney fees, without need for litigation.

 

  • Kathy represented a trainer in another debt collection matter involving payment of training and show-related fees and costs. The trainer had been hired to board, train, show, and sell the horse. The trainer boarded, trained, and showed the horse, and negotiated the horse's sale to a third party. The seller refused to pay the trainer, accusing the trainer of wrongdoing. Kathy's client was paid, without need for litigation.

 

  • Kathy represented an owner in a negligence case against a veterinarian. The owner filed suit, claiming the veterinarian failed to properly care for her horse, causing the horse to need multiple surgeries to address problems resulting from the alleged lack of care. The case was resolved early in the litigation, after some initial discovery.

GENERAL REPRESENTATIVE CASES

  • Kathy has negotiated settlements in a wide range of sales, lease, and bailment matters.

 

  • Kathy regularly drafts and reviews a wide variety of contracts and related documentation used in the equine industry, including liability releases; horse purchase, sale, lease, breeding, training, and boarding contracts; and promissory notes and security agreements.

 

  • Kathy regularly advises professionals within Oregon and Washington's equine industry, including boarding facility owners, breeders, trainers, and sales agents, on a wide range of industry-related issues. These issues include business entity formation and operation, employment issues, workers' compensation issues, liability issues, fiduciary duties and disclosure obligations, loss prevention and risk management, and creditors' rights/debt collection.

 

  • Kathy has coached several clients in small claims matters, advising them about filing and presenting their case to the court, what to expect throughout the small claims process, and collecting money that may be awarded by the court.

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