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Horse Racing |
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Cruelty
to Horses |
This segment contains cases that deal with legal disputes arising out of the racing of horses and the governmental regulation of that industry.
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Statutes
for Horsemen |
United States Supreme Court (1979) Trainer may be suspended without a hearing if a prompt post-suspension hearing is provided
U.S. District Court New York (1998) Suspension of vet's
track privileges illegal because no notice of charges
Mississippi Supreme Court (1999) Law prohibits casino from
operating race book on its premises
New York Attorney General (1999) Off track betting
corporation may not hold a harness racing meeting
Wyoming Attorney General (1999) Decisions of
stewards regarding fouls are final and not appealable
Delaware Superior Court (1999) Owner convicted of fraud for falsely
claiming Delaware residence for racing
U.S. District Court Michigan (2000) No evidence of gender
discrimination in award of racing license
Ohio Court of Appeals (2000) Track with live racing not required
to re-broadcast simulcast of Kentucky Derby
Virginia Circuit Court (2000) Court upholds conditioning
thoroughbred meet days on also holding harness races
New York Trial Court (2000) Tax on simulcasting only to Connecticut
violates Commerce Clause
New York Appellate Division (2000) No authority to permit live audio
broadcasts into homes with account wagering
Maine Supreme Court (2000) Lawsuit challenging commercial track
designation filed too late
Delaware Supreme Court (2000) Trainer suspension for high carbon
dioxide set aside for procedural reasons
Louisiana Court of Appeals (2000) Suspended jockey should have
appealed to racing commission not gone to court
Florida Court of Appeals (2000) Farrier barred from track brings
libel and slander suit against security personnel
U.S. Court of Appeals (2000) Track operator fails to prove
competitors conspired to violate antitrust laws
Florida Court of Appeals (2000) Tracks, not State, get breaks and
outs from simulcasting
New York Appellate Division (2000) Trainer suspended for possession of
syringe and needle in track tack room
Massachusetts Superior Court (2000) Trainer cannot recover for slip
and fall injury because of release
Arkansas Attorney General (2000) County may hold
horse races during fair without wagering
Oklahoma Attorney General (2000) Fair Associations
subject to tax on proceeds from certain exotic wagers
Arkansas Attorney General (2000) Attorney
General unable to rule on whether wagering on past races is lawful
Virginia Attorney General (2000) Satellite
simulcasting facility requires separate approval of county or city voters
Virginia Attorney General (2000) Satellite
simulcasting facility requires separate approval of county or city voters
Virginia Attorney General (2000) Licensed track
may be approved to operate satellite facility before track is constructed
U.S. District Court Pennsylvania (2001) Vet loses on conspiracy
charges against other vets and racing association
Delaware Superior Court (2001) Purse forfeiture for non-enhancing and
non-masking drug set aside
Illinois Appellate Court (2001) Owner/trainer suspended for 360 days
for enhancing drugs in 6 horses
Louisiana Court of Appeals (2001) Trainer suspended for 15 years
for enhancing drugs in horse
U.S. Court of Appeals (2001) Racetrack acted as partner of state
when it expelled trainer
New York Appellate Division (2001) Trainer suspended for giving
incorrect information on horse identity
U.S. Court of Appeals (2001) Pari mutuel employee fails in effort
to prove sexual discrimination
Florida Supreme Court (2001) Wagering license statute unconstitutional
because applies only to one company
Massachusetts Court of Appeals (2001) Search on racecourse not
valid as an administrative inspection
Ohio Court of Appeals (2001) Trainer suspension set
aside because not based on rule violation
New Jersey Supreme Court (2001) Court upholds trainer suspension in
dispute over drug testing methods
U.S. Court of Appeals (2001) Warrantless search of backstretch
dormitory rooms was unconstitutional
Oklahoma Court of Appeals (2001) Dispute over simulcast
proceeds should have been presented to racing commission
Oklahoma Attorney General (2001) Racing Commission
not authorized to license machine betting on previously-run races
Illinois Attorney General (2001) Account wagering
is not lawful in Illinois, but tracks may transmit races to account wagering
states
Maryland Attorney General (2001) Maryland
residents may not lawfully wager using Youbet.com
Delaware Supreme Court (2002) Commission rule
prohibiting conduct adversely affecting racing honesty vague as applied
Florida Supreme Court (2002) Constitutional
amendment initiative proposal violates single subject requirement
Ohio Court of Appeals (2002) Trainer suspended
for cruelty to horses
Florida Court of Appeals (2002) Validity of trainer
absolute insurer rule upheld
U.S. Court of Appeals, 3rd Circuit (2002) Dover
Downs not acting as agent of State in expelling owner from track
California Court of Appeals (2002) Trainer liable for
unknowingly racing ineligible horse
Florida Court of Appeals (2002) Trainer may
be jointly liable with track for racing horse on inappropriate surface
Nebraska Supreme Court (2002) Statute authorizing
telephone wagering on horse races is unconstitutional
Iowa Court of Appeals (2002) Statute taxing
racetrack slots and riverboat slots at different rates unconstitutional
Florida Court of Appeals (2002) Validity of race
horse trainer absolute insurer rule upheld
New Jersey Superior Court (2002) Owner not required to
forfeit purse when trainer suspended without owner's knowledge
Pennsylvania Commonwealth Court (2002) Five year jockey
suspension for throwing race upheld
Oklahoma Attorney General (2002) Telephone or Internet
pari mutuel wagering not made lawful by Interstate Horseracing Act
Oregon Attorney General (2002) Stalls purchased
from pari mutuel handle belong to State, not to race horse owners
Louisiana Court of Appeals (2002) 10 year suspension for
attempted possession of a "battery" at a track upheld
Massachusetts Appeals Court (2002) Stallion owner
incentive awards belong to current owner
Louisiana Court of Appeals (2002) Fine against trainer
for "milkshaking" a race horse upheld
Ohio Court of Appeals (2002) Commission's denial of
satellite off-track license upheld
Michigan Court of Appeals (2002) Convictions of pari
mutuel manager for stealing from track upheld
Texas Attorney General (2002) Great State Challenge
races do not qualify for Breeder's Cup tax forgiveness
New York Appellate Division (2002) Trainer suspension for
lidocaine in horse upheld
Massachusetts Court of Appeals (2003) Trainer suspension
for cocaine in horse upheld under responsibility rule
Delaware Superior Court (2003) Fine for
racing two-year-old horse with bute upheld
Maryland Attorney General (2003) Racing
Commission may delegate duties to bred associations
New York Appellate Division (2003) Placing trotter
from second to fourth for breaking gait upheld
U.S. District Court, New York (2003) $3000
fine for tirade against stewards upheld against free speech and vagueness attack
New Jersey Appellate Division (2003) Delay by Racing
Commission in making decision reinstates administrative judge's decision
Louisiana Supreme Court (2003) Horsemen entitled to
larger share of video poker pie than tracks providing
Pennsylvania Commonwealth Court (2003) Cannot simulcast
Quarter Horse or Arabian races
Ohio Court of Appeals (2003) Trainer suspended for
undisclosed use of lasix
U.S. Court of Appeals, 9th Circuit (2003) Federal
court should not have halted Bob Baffert's California suspension proceedings
Kentucky Court of Appeals (2003) Unflattering statements in tout
sheet not defamatory because of opinion not fact
Texas Court of Appeals (2003) Accidental storing of
retained urine sample at room temperature does not invalidate trainer suspension
California Court of Appeals (2003) No evidence track
was negligent with regard to turf course rail
Louisiana Court of Appeals (2003) Trainer suspended
for making fraudulent claiming race claim
New York Attorney General (2003)
City cannot zone off track betting facility out of
city
Massachusetts Superior Court (2003) Cannot conduct harness
racing under license for running horse racing
New York Appellate Division (2003) Revocation of vet's
track license upheld for administering illegal drugs
Ohio Court of Appeals (2003) Suspension of jockey's
license for not riding with best effort set aside by court of appeals
U.S. District Court (2003) Barring aggressive claiming
owner from racing may violate antitrust laws
Ohio Court of Appeals (2004) Trainer suspended under
absolute insurer rule for Albuterol in horse
U.S. District Court (2004) Challenge made to rule
limiting jockey agent to representing one jockey
U.S. Court of Appeals (2004) Using simulcast
proceeds to benefit live racing upheld
Pennsylvania Commonwealth Court (2004) Ejection of
jockey for past uses of battery upheld
Michigan Court of Appeals (2004) Track unable to collect
on illegal pari-mutuel bet loses
Ohio Court of Appeals (2004) Suspension of trainer
for hydromorphone in horse upheld
New York trial court (2004) Horse claimed at race
is purchased "as is"
Delaware Supreme Court (2004) Fine and forfeiture
for bute in 2 year old horse upheld
U.S. District Court (2004) Banning jockey for alcohol
violations does not violate Americans with Disabilities Act
U.S. Court of Appeals (2004) Federal court will not
enjoin Puerto Rican trainer suspension proceedings
U.S. Court of Appeals (2004) Court upholds N.Y.
suspension of trainer based on Florida suspension
Florida Court of Appeals (2004) Trainer required by
stall agreement to reimburse track for injury to employee
Kentucky Court of Appeals (2004) Kentucky Horse Racing
Authority's denial of quarter horse racing license upheld
U.S. Court of Appeals (2004) Conduct detrimental to racing
not vague as applied to owner's verbal tirade
Kentucky Court of Appeals (2004) Trainer responsibility rule
in harness racing is constitutional
Ohio Court of Appeals (2004) Search of trainer's stall
for drug equipment upheld
Minnesota Court of Appeals (2004) Validity of trainer
responsibility rule upheld
Ohio Court of Appeals (2004) Trainer suspension
upheld for possession and use of electrical shock device
New York Appellate Division (2004) Harness driver suspended
for driving with indifference
New Jersey Appellate Division (2004) Assistant race
horse trainer covered by state worker's compensation system
Kentucky Court of Appeals (2004) Cannot suspend
racing commission license for possessing licensed firearm
New York Appellate Division (2004) Must include owner of
winning horse when challenging race outcome
Kentucky Court of Appeals (2004) Jockeys have First
Amendment right to wear Jockey's Guild and corporate logos while racing
Kentucky Court of Appeals (2004) Trainer failed to rebut
presumption of responsibility for Prozac in horse
Delaware Superior Court (2004) Trainer suspended for
horse that tested positive for dexamethasone
Texas Attorney General (2004) Whether
local election results were properly certified is a question of substantial
compliance
New York Appellate Division (2005) Jockey covered by
worker's compensation despite expiration of license
Louisiana Court of Appeals (2005) Track was negligent when
exercise horse injured himself on open infield gate
U.S. Court of Appeals, 11th Circuit (2005) Question to
legality of out-of-state simulcasting referred to Florida Supreme Court
U.S. Court of Appeals, 7th Circuit (2005) No constitutional
right to administrative review
Ohio Court of Appeals (2005) Failure to submit proof defeats license application
New York Supreme Court (2005) Racing board has discretion as to which expert if finds more credible
California Court of Appeal, First Dist., Div 5 (2005) Collision with shadow fence an inherent risk