US Court of Appeals

In Advance of HISA Appeals, Court Date, Two Sides Hone Arguments

In advance of oral arguments scheduled Aug. 30 in the United States Court of Appeals for the Fifth Circuit, the two sides involved in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) have filed legal briefs that they hope will sway the court to their side of the case. Both HISA and the Federal Trade Commission (FTC) are defendants in an underlying lawsuit led by the states of Louisiana and West Virginia, plus the Jockeys' Guild, that alleges unconstitutionality and federal rulemaking procedure violations regarding...

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HISA Rules Back in Force Nationwide After Appeals Court Ruling

A temporary "administrative stay" ruling issued Wednesday night by a panel of three judges from the United States Court of Appeals for the Fifth Circuit means that "pending further consideration," Horseracing Integrity and Safety Act Authority (HISA) rules are back in effect nationwide. The Aug. 3 court order trumps a preliminary injunction issued July 26 by a lower U.S. District Court (Western District of Louisiana) judge that had halted the HISA rules in Louisiana and West Virginia pending the outcome of an underlying lawsuit in that court. In that June...

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HISA Seeks Stay After Louisiana, West Virginia Ruling

Just six days after Horse Racing Integrity and Safety Authority (HISA) opponents won a round in court in which a federal judge granted a preliminary injunction that halted implementation of HISA rules going into effect in Louisiana and West Virginia, HISA and the Federal Trade Commission were back in court Monday filing an emergency motion for a stay pending appeal. The motion was filed in the United States Court of Appeals for the Fifth Circuit. The filing from HISA maintains that when granting the preliminary injunction, the court erred in...

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HISA Appeals Injunction, But Judge Says No to Reversing Earlier Order

In the aftermath of a federal judge's ruling earlier this week that will keep the Horseracing Integrity and Safety Act (HISA) rules from going into effect in Louisiana and West Virginia while a lawsuit challenging those regulations is pending, the HISA Authority responded Friday with a series of legal actions that attempt to both reverse and clarify that injunction order. The most significant of the July 29 filings from the HISA Authority defendants was a notice that they are appealing Judge Terry Doughty's July 26 decision to grant a preliminary...

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