federal lawsuit

A three-judge panel on the United States Court of Appeals for the Sixth Circuit has sided with the advance-deposit wagering (ADW) platform TwinSpires in a nearly year-old federal lawsuit against the Michigan Gaming Control Board (MGCB). In an opinion issued Dec. 16, the federal appeals court agreed with the Churchill Downs, Inc. (CDI) subsidiary that operates TwinSpires by ruling that the Interstate Horseracing Act (IHA) of 1978 preempts a Michigan licensing requirement requiring that ADW providers be linked to a licensed racetrack and live race meeting. Back on Feb. 19,...

The Illinois-based trainer Gerald Butler, who is currently suspended 20 months and was fined $10,000 after a Horseracing Integrity and Safety Authority (HISA)'s arbitration panel for Anti-Doping and Medication Control Program (ADMC) matters ruled in February that he possessed the banned substance levothyroxine (Thyro-L) in his Fairmount Park barn last summer, sued HISA in federal court July 3, seeking a stay of his penalties in a case that challenges the  definition of the word "possession." According to the sequence of events described in the arbitrator's decision, on June 13, 2024,...

In its ongoing case against Philip Serpe for a Clenbuterol positive stemming from last August, the Horseracing Integrity and Welfare Unit (HIWU) will not pursue a fine against the trainer--what could have been a $25,000 penalty--as per a letter issued by the agency last week. Serpe, however, argues that this action was taken by HIWU to prejudicially stymie his legal efforts in a federal court case against the Horseracing Integrity and Safety Authority and the Federal Trade Commission (FTC), which includes the contention that he has been wrongfully denied his...

On the eve that Churchill Downs, Inc. (CDI) and the New York Racing Association, Inc. (NYRA) were scheduled to appear at separate enforcement hearings in front of the Horseracing Integrity and Safety Authority board to address disputes over their non-payment of assessment fees that are based partially on purses, those two prominent Thoroughbred track operators teamed up to sue the Authority and the Federal Trade Commission (FTC) in federal court, alleging that both the fee impositions and the attempted enforcement actions for non-payment are "illegal." According to the civil complaint...

Philip Serpe, a licensed trainer since 1984 who has maintained a nearly violation-free record while campaigning graded stakes winners up and down the East Coast, is fighting "banned substance" sanctions involving the alleged detection of clenbuterol in an Aug. 10 Saratoga Race Course winner he trained by suing the Horseracing Integrity and Safety Authority and the Federal Trade Commission (FTC) in federal court. Serpe's Oct. 17 lawsuit in United States District Court (Southern District of Florida) cites the purported unconstitutionality of the Horseracing Integrity and Safety Act (HISA), "because, first,...

Christine Tuma, who formerly worked as an association veterinarian jointly employed by Hawthorne Race Course and the Illinois Racing Board (IRB), on Thursday filed a federal lawsuit against those two entities claiming her efforts to scratch over 80 lame or injured Thoroughbreds during the 2022 and 2023 race meets were met with an alleged conspiracy to overturn her actions so the unsound horses could be entered in races. The lawsuit further contended that when Tuma reported this alleged conspiracy to state and federal government regulators, she was fired "in retaliation...

Eight individual owners, trainers and other Thoroughbred industry licensees in Oklahoma on July 24 filed what is now the sixth federal lawsuit in three years to try and get the Horseracing and Safety Integrity Act (HISA) declared unconstitutional. As in previous lawsuits that have similarly targeted the HISA Authority and Federal Trade Commission (FTC) as defendants, the Oklahoma horsemen want declaratory judgments, injunctions, and restraining orders imposed that would invalidate HISA rules and prohibit the HISA Authority, the FTC, and the Horseracing Integrity and Welfare Unit (HIWU) from enforcing the...