In states without a pet shop lemon law, consumers must result to relief under the Uniform Commercial Code (“UCC”), which regulates the sale of “goods”. Since pets are more than “goods”, the UCC does not provide as much protection to the consumer for pets as the state specific pet shop lemon laws do. In Illinois, the Pet Shop Lemon Law …
New York Agriculture Liens: Liens for Service of Stallions or Bulls
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
New York Agriculture Liens: Background
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
New York Ag Lien For Service of Stallions or Bulls
Are you owed money from the service of a stallion or bull to another horse or cattle breeder? If you’re in New York, then this post is for you. Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of …
Will Be Attending the American Agriculture Law Association Annual Agriculture Law Symposium
I will be attending the American Agriculture Law Association (“AALA”) Annual Agriculture Law Symposium on October 19-20, 2012 in Nashville, Tennessee. I highly recommend the conference if you are a lawyer or law student hoping to build a food and agriculture law practice. Registration forms will be available later this summer. If you are a law student, there are travel …
Enjoyed Speaking to a College Equine Class Today via Skype
I had a great time this morning presenting an overview of New York equine law to Prof. Sheila Marshman’s Equine Law at Morrisville State College via Skype. I gave an overview of our legal system and explained how laws were made. I also gave an overview of livestock animal cruelty law, tort law (including nuisance, horseback rider’s release of liability, …
“Fridays with Cari” Webinar Series Kicks Off Today
I’m excited for my new webinar series titled “Fridays with Cari.” I will be discussing a variety of agriculture issues with my Friday webinar series ranging from livestock animal cruelty law to estate planning. I believe that legal information should be affordable for everyone in the food and agriculture industry and I hope that my webinars will be educational to …
ABA Agriculture Law Subcommittees
As I noted in this previous post, I am the new Chair of the American Bar Association (“ABA”), General Practice, Solo and Small Firm’s Division, Agriculture Law Committee. You can join the Committee and the Discussion List here. I have restructured the subcommittees as follows: 1. Ag ADR: mediation, arbitration 2. Ag Estate/Succession Planning, Family Law, and Taxation: estate planning,succession …
Looking Back: Two-Year Blogging Anniversary
Seems like just yesterday I was driving across South Dakota with my dog Taylor before starting Rincker Law, PLLC and this blog. It’s been a great ride so far. Big thank you to my friends, family, colleagues, contract attorneys/legal assistants, clients and blog readers for all your support. It’s been a busy year indeed. Over the last year, I am …
*Suggested* Sale Terms & Conditions
I recently had a conversation with my father regarding the American Simmental Association’s (“ASA”) Suggested Sale Terms and Conditions. There are other livestock breed associations that have similar suggested sale terms. I think it is great that livestock breed associations are giving members some suggested guidelines that memorialize important terms such as choice of law, health requirements, registration, identification, pedigree, …
Heading to Nebraska for the AALA Conference
Today I am getting on an airplane from LGA and heading to Omaha, Nebraska for the American Agriculture Law Association‘s (“AALA”) 31st Annual Agriculture Law Symposium. I’m always excited to meet other food and agriculture attorneys. Nebraska is such a great agriculture state. I haven’t been to Omaha for a few years. This year’s conference has an excellent line-up: On …
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