In this blog, 2L staffer Kylee Greene analyzes the current landscape of Kentucky’s Farm Animal Activity Act’s (FAAA) horse racing exemption. She argues that the definition of “horse racing activity” under the FAAA is inadequate and proposes a three-factor test that considers the nature of the farm animal activity, whether the plaintiff’s injury occurred on the racetrack, and the temporal proximity between the plaintiff’s injury and the race.
In this blog, staffer Aaron Withers examines House Bill 320, which in 2024 shortened Kentucky's limitations period for civil rights and wrongful-discharge claims from five years to three without saying whether the change reaches claims that had already accrued. Withers argues that under KRS 446.080(3), claims that accrued before July 15, 2024 remain subject to the five-year period, and that courts lack authority to write in the grace period the General Assembly left out. He urges the General Assembly to adopt a default transition rule in KRS Chapter 446, explaining why certainty matters to Kentucky farms and mineral interests.
In this blog, 3L staffer Emma Johns examines how equine genetic testing raises questions about control over genetic information and disclosure obligations in Kentucky horse sales. She argues that Kentucky should encourage clearer sale and testing agreements governing disclosure, sample retention, and data use, while clarifying when known genetic results trigger the warranty exception for sellers who knowingly sell diseased animals.
In this blog, 3L staffer Jordan Guancione explores how Kentucky divorce courts should value unborn racehorses by looking to how courts have divided unvested pensions and stock options. She examines the “immediate offset” method as a potential solution for dividing an asset whose future value remains uncertain.
In this blog, 2L staffer Kristen Bailey analyzes Disney's “Living with the Land” attraction that takes guests through a tour of one of Disney's greenhouses, showcasing their innovative and sustainable agricultural practices. Disney goes above state regulations and follows stricter self-created guidelines, posing the question of whether state law adequately protects indoor agriculture when Disney is going beyond state and federal regulations to create their own. This blog argues that states should enact more specific and detailed regulations regarding indoor agricultural practices in order to best protect our environment.
In October 2017, the Kentucky Horse Racing Commission approved $25,000 worth of funding for a study regarding the effects of contamination on racehorse drug testing. This analytical study will seek to determine the possible levels of substances—both therapeutic and performance-enhancing—found on the racetrack and its surroundings, and will be based on samples collected through 2019
Though Johnny Depp is most well-known for his starring roles in movies, such as Pirates of the Caribbean, Edward Scissorhands, Sweeney Todd: The Demon Barber of Fleet Street, and more, in 1995, he took on a different role: Kentucky horse farm owner. Working with Halfhill Auction Group, on September 15, 2017, Depp held an auction on September 15, 2017, to try to sell the 41.32-acre horse farm for $2.9 million.
Since 2006, the total pari-mutuel handle within the horse industry has steadily declined. In an effort to halt this decline, some in the equine industry have attempted to invent new ways to create interest in the sport by tapping into the growing daily fantasy sports industry. In the case Derby Wars, a fantasy horseracing website, the Central District of California put a halt to one of those efforts.
HB 112 has been long awaited in Kentucky’s equine economy. Supporters view the change in tax policy as beneficial in the process of increasing revenues in this sector. Equine lobbyists have pushed for this exemption to create parity to the state tax code; treating horses the same way the code treats other livestock.
Mention horses, and horse racing undoubtedly first crosses one’s mind. With the rich history of horse racing in Kentucky, namely at Keeneland and Churchill Downs, racing is often considered a horse’s main utility. However, with the rise of children with disabilities benefiting from horse-based therapy – namely, “hippotherapy” – an entirely different equine service has evolved.
The very next day after ‘Runhappy,’ owned by Gallery Racing Stables LLC, won the TwinSpires Breeders' Cup Sprint, the trainer he had been conditioning under was relieved of her duties. Maria Borell, a Syracuse, N.Y. native, was hired by James McIngvale (founder of Gallery Racing Stables LLC) as Runhappy’s trainer and led him to victories in every race under her care. Feeling slighted by the McIngvale family, Borell turned to the law.
Recently, the Administrative Regulation Review Subcommittee (ARRS) of the Kentucky legislature reviewed a proposal of a regulation that would give racetracks the option to identify or “card” certain races as furosemide-free. Parties involved include the Kentucky Horsemen’s Benevolent and Protective Association (HBPA) and the Kentucky Horse Racing Commission (KHRC)
