Seventh Amendment

Judge Denies Injunction In Serpe Suit Vs. HISA, But Leaves Door Open For Refile Of Key Seventh Amendment Claim

In a federal court case involving the Horseracing Integrity and Safety Authority (HISA) that is being closely watched because it involves a trainer's allegations of a wrongful denial of Seventh Amendment rights to a jury trial, a judge in Florida on Thursday denied conditioner Phil Serpe's request for preliminary injunction in a lawsuit initiated last October against the HISA and the Federal Trade Commission (FTC). The civil complaint involves "banned substance" sanctions stemming from the alleged detection of clenbuterol in an Aug. 10, 2024, Saratoga Race Course winner from the...

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Serpe Clenbuterol Case Reaches Legal Inflection Point

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...

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