federal court

Trainer Phil Serpe, who is fighting both in federal court and at the Federal Trade Commission (FTC) appeal level to overturn a two-year suspension imposed by the Horseracing Integrity and Welfare Unit (HIWU) over a contested clenbuterol positive in one of his trainees at Saratoga Race Course in 2024, on Thursday had the judge in his lawsuit deny a request for a preliminary injunction for the second time in five months. In explaining his decision, the judge in charge of the case, David Leibowitz of United States District Court (Southern...

A federal judge denied a preliminary injunction Oct. 22 in a lawsuit initiated 3 1/2 months ago by a Sunland Park-based veterinarian against the Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU). The case involves anti-constitutionality claims that are similar to a number of other lawsuits swirling in the federal court system. But the civil complaint filed by Jason Scott, DVM, is unique because it raises the issue of what happens when a mixed-meet vet is found in possession of medications that are prohibited for...

The administrative law judge (ALJ) handling Phil Serpe's appeal to the Federal Trade Commission (FTC) stemming from a two-year suspension imposed by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case has upheld the sanctions imposed against the veteran trainer. However, Jay Himes, the ALJ, also wrote in his Sept. 12 decision that he would "modify the award to add a $25,000 fine against Serpe," even though the ALJ also ruled that, "I hold without merit Serpe's argument that he is entitled to a jury...

Trainer Phil Serpe, who has an appeal pending with the Federal Trade Commission (FTC) in an attempt to overturn a two-year suspension imposed in July by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case from last summer at Saratoga Race Course, is also seeking to renew his request for a preliminary injunction in a 10-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the FTC. A key issue in Serpe's federal court filing is the fact that HIWU and HISA did not...

One day after an arbitrator ruled that Phil Serpe would be suspended for two years in a contested clenbuterol positive case from last summer at Saratoga Race Course, the 66-year-old trainer was back in federal court Tuesday seeking to renew his request for a preliminary injunction in his nine-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the Federal Trade Commission (FTC). At the same time, Serpe's legal team also wasted no time in filing an immediate appeal with the FTC to have his July 14 Horseracing Integrity...

The Federal Trade Commission (FTC) has affirmed an earlier Horseracing Integrity and Safety Authority (HISA) arbitration panel ruling against trainer Jonathan Wong, suspending him for two years and fining him $25,000 for a 2023 post-race metformin positive. Metformin is a type 2 diabetes drug that HISA has classified as a banned substance. The next step in the appeals process would be a request for review by the FTC of the FTC administrative law judge's decision, according to a Horseracing Integrity and Safety Unit (HIWU) spokesperson. Wong will instead take the...

Three days after a New Jersey federal judge ordered a class-action lawsuit filed in 2021 by a group of bettors against Bob Baffert to be transferred to a federal court in Kentucky, the legal team for the Hall-of-Fame trainer filed a motion seeking the reassignment of the case to a different, specific Kentucky judge who last summer dismissed a similar case against Baffert. Baffert's Feb. 23 filing in United States District Court (Western District of Kentucky) asked for the reassignment based on the following reasoning: "The Plaintiffs in this case...

With oral arguments in the United States Court of Appeals for the Fifth Circuit now five weeks away, the National Horsemen's Benevolent and Protective Association (NHBPA) filed a legal brief Aug. 25 underscoring that the Horseracing Integrity and Safety Act (HISA) Authority unconstitutionally "wants the best of both worlds" by allegedly portraying itself as both a governmental body or a private organization "depending on which suits its interests on any individual argument." "Sometimes [the Authority] wants to be like a government entity, with the power to compel registration, collect mandatory...

Lisa Giannelli, who was sentenced to 3 1/2 years in prison Sept. 8 after being found guilty of peddling purportedly performance-enhancing drugs as a years-long protégé under the recently convicted drug-dealing veterinarian Seth Fishman, filed a formal notice of appeal for both her conviction and sentence in federal court Sept. 21. Giannelli, 56, of Dalton, Delaware, was also ordered to pay a fine of $100,000 and to forfeit $900,000. "This was not a one-time thing," Judge Mary Kay Vyskocil of U.S. District Court (Southern District of New York) said at...

A $775,000 purse account dispute between the Illinois Thoroughbred Horsemen's Association (ITHA) and Arlington International Racecourse, LLC, that has simmered for over half a year got escalated to federal court Wednesday. The ITHA is alleging a purse account underpayment in 2021 from now-defunct Arlington and a breach of contract triggered by Arlington's refusal to hand over the money once it became known the property was scheduled to be sold and that no racing would occur there in 2022. Asked for comment via email late Wednesday afternoon, Arlington president Tony Petrillo...

A federal judge on Friday dismissed Bob Baffert's lawsuit against the New York Racing Association (NYRA) that had alleged the Hall of Fame trainer was injured by NYRA's initial attempt to bar him back in May and again in September when it summoned him to a hearing to adjudicate his "detrimental" conduct related to repeated equine drug positives. Chief among the reasons that United States District Court (Eastern District of New York) Carol Bagley Amon dismissed the amended complaint were that some of Baffert's claims were not yet "ripe" for...

In an ongoing dispute over whether Presque Isle Downs (PID) has been steering on-track patrons to make bets through advance-deposit wager (ADW) platforms controlled by its corporate parent and then not counting those bets as on-track wagers that provide better revenue for purses, the Pennsylvania Horsemen's Benevolent and Protective Association (PAHBPA) swatted back in federal court with a Sept. 7 counterclaim to claw back at least $75,000 in disputed funds. PID had fired the first salvo of litigation on June 24 in the form of a civil lawsuit that sought...