Via TD Thornton
Two weeks after a Kentucky Court of Appeals judge denied coach Bob Baffert and owner Amr Zedan an “Urgent” stay In their fight against penalties imposed on them by the Kentucky Horse Racing Commission (KHRC) for testing positive for betamethasone by Medina Spirit (Protonico) during the 2021 GI Kentucky Derby, a panel of three separate judges has Refusal of an offer of relief between the subjects will hold the case from proceeding further in the same court.
The April 15 ruling did, however, note that the judges’ order is not a judgment based on the merits of the arguments regarding Baffert’s 90-day suspension and a $7,500 fine or Zedan was stripped of both his Derby winner status and Medina Spirit’s share of the wallet.
On March 21, a Franklin Circuit Court judge initially denied the trainer and owner’s request to force the KHRC to impose any kind of stay on those sanctions. Baffert and Zedan then decided to overturn Franklin’s denial up to the Superior Court of Appeal on March 24. When the appeals court judge dismissed the April 1 “urgent” claim, Baffert and Zedan asked the court to further intervene through the relief request between the parties and the agency. the association makes oral arguments on their behalf.
The KHRC alone also filed a dismissal of the entire proceedings, but that petition was also denied in the same ruling by the three judges (which effectively prevented the case from continuing with the denial of the three judges). Baffert and Zedan on the request for relief between the parties).
“[T]the court around him did not err in determining that the fairness of the situation mitigated the mitigation of the restraining order,” three
the judge’s order stated. “We echo the circuit court’s assessment that ‘it is imperative to ensure public confidence in the Commonwealth’s signature industry’…
“[T]his punishment of Managers who are rated based on Baffert can finally be reversed [but] Baffert’s interest in upholding the enforcement of the Foreman’s Rule does not necessarily override the public interest in the integrity of Thoroughbred racing and the safety of the horses,” the order said. April 15 continues.
Baffert has now been suspended for 90 days and two weeks, which is being appealed at the KHRC level. Depending on the timing, a suspension can go very well before that administrative process goes through or even leads to a decision.
The Hall-of-Fame coach’s legal team previously argued in court filings that “Baffert’s income from racing is almost entirely related to a horse’s performance in a single race. determined. There is simply no way to determine exactly how his horses will perform in the races that take place during his suspension. Missing out on the prestigious Triple Crown (and many others) races in 2022 is irreparable harm to a coach like Baffert as their chances of competing can never be regained. and lost opportunities are not remunerated. ”
The April 15 decision by three judges dissected Baffert and Zedan’s move as follows:
“Both the Movants petition for emergency relief, rescinded by this Court Order of April 1, 2022, as well as their petition for intervening relief, put forward any particular argument about 1) how or why Movant Zedan Racing Stables, Inc., would be irreparably affected by the circuit court’s denial of the interim order; or 2) what specific interim relief Zedan Racing Stables, Inc., seeks from this Court…
“In the Order of April 1, 2022, the Court indicated that the engines, in connection with Zedan Racing Stables, Inc., lacked these aspects…. Despite the Court drawing attention to these shortcomings, Zedan Racing Stables, Inc., did not apply for leave to supplement the relief offer between the parties, and neither did Amr F. Zedan. intervention here. As a result of this failed action, the Court denied the request for… mitigation as it relates to Zedan Racing Stables, Inc. and will consider this offer only to Baffert. ”
The order continues: “The circuit court order of March 21, 2022 addresses two separate claims made by Baffert [but] statutory procedure under [Kentucky state law] is in itself a full and complete remedy, thus undermining any claim that Baffert could have reasonably sought a temporary order in circuit court…
“This court lacks a sufficiently developed record to assess Baffert’s admission of error,” the April 15 order summarizes. “Furthermore, because we have concluded that the circuit court did not abuse its agency when it found that Baffert did not indicate he would have suffered an irreversible injury without the restraining order, It is not necessary to address the question of whether Baffert raises a substantial question of value. our decision today. ”