Lawsuit

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SEC Seeks Receiver for Tanaka Investment Firm

The Securities and Exchange Commission, in a lawsuit filed in federal court in New York City, has asked a judge to appoint a temporary receiver for Amerindo Investment Advisors, the company founded by Alberto Vilar and Thoroughbred owner Gary Tanaka.

Commission, Horsemen Seal Deal in Jersey

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The New Jersey Racing Commission and New Jersey Thoroughbred Horsemen's Association made official March 31 a legal settlement that allows the state racing industry to proceed with plans to host the 2007 Breeders' Cup World Thoroughbred Championships at Monmouth Park.

Churchill, HBPA Settle Over Race Revenue

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Churchill Downs and the Kentucky Horsemen's Benevolent and Protective Association have settled a disagreement over the distribution of a portion of revenue from some sponsored races at the Louisville, Ky., track.

Owner Turns to Court to Obtain CHRB Records

A determined California horse owner has turned to the courts in her attempt to force the California Horse Racing Board to produce records of its dealings with trainer Frank Monteleone during the investigation of a recently settled civil fraud case.

Guild Files Counterclaim Over CDI Lawsuit

The Jockeys' Guild, in an answer and counterclaim filed March 24 in United States District Court for the western district of Kentucky, charges Churchill Downs Inc. used "exploitative tactics" in dealing with jockeys at company-owned Churchill Downs and Hoosier Park.

Churchill Sues Guild, Cuts Off Contributions

Churchill Downs Inc. has cut off its voluntary financial contributions to the Jockeys' Guild and has sued the organization over what it believes were violations of federal and state law when jockeys opted not to ride last fall at Churchill Downs and Hoosier Park.

MEC Files Countersuit in Oregon

Attorneys for Magna Entertainment Corp. filed countersuit in Multnomah County Circuit Court in Oregon Feb. 18 to formally answer a $1-million breach-of-contract action brought against the company by the Oregon Greyhound Association.

Former HBPA President to Fight Allegations

The former president of the Charles Town Horsemen's Benevolent and Protective Association said he would fight charges leveled by the current Charles Town HBPA board of directors over alleged unauthorized loans and purchases while he was in office.

Judge Puts Fair Grounds Debt to Horsemen at $89M

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A state district judge ruled March 22 that Fair Grounds owes horsemen almost $90 million in damages from the video-poker lawsuit that led to the track's filing for Chapter 11 bankruptcy reorganization last August, the New Orleans Times-Picayune reported.

Track Sues Announcer Over Patent Rights to Wager

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Prairie Meadows is suing track announcer Ken Miller over the patent rights to a "Pick 5" wager Miller conceived and the track plans to offer. The tug-of-war has created such a strain that the Iowa racetrack and casino has suspended Miller, who has called races there since 1989.

Judge: Motion Against New Jersey THA Without Merit

New Jersey Superior Court Judge Alexander Lehrer ruled Jan. 5 that the New Jersey Racing Commission's allegations of fiscal mismanagement against the New Jersey Thoroughbred Horsemen's Association were without legal merit, and that the commission cannot amend its complaint to include a claim against New Jersey THA counsel Dennis Drazin, specifically for the legal fees paid to him.

Mock Trial: Horse Owners Win Damages From MRLS

In a mock trial held May 2 as part of the National Equine Law Conference in Lexington, a large majority of "jurors" ruled in favor of plaintiffs who filed civil action lawsuits against a farm for damages related to mare reproductive loss syndrome.

Gill Files Another Lawsuit, This Time In Delaware

Attorneys for Michael Gill, one of the leading Thoroughbred owners in the country, filed a federal lawsuit in Delaware May 1. They claim Delaware Park officials unlawfully conspired to prevent Gill from racing his horses at the track, which opened April 26.

Mountaineer Dispute Unresolved, But Racing to Return

Live racing is scheduled to return Feb. 4 to Mountaineer Race Track & Gaming Resort if track and weather conditions permit, though track management and the Mountaineer Horsemen's Benevolent and Protective Association remain at odds over aspects of their contract.

AQHA Settles Embryo Transfer Lawsuit

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The American Quarter Horse Association reached an out-of-court settlement Tuesday that will allow horse breeders to register embryo-transfer foals.

Real Quiet Lawsuit Dismissed

A U.S. District Court judge on Thursday ruled to dismiss a fraud and breach of contract suit involving the retirement of 1998 Kentucky Derby (gr. I) winner Real Quiet.

Paulson Suit Alleges 'Breach of Trust'

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The volcanic relationship between the son of deceased multi-millionaire Allen E. Paulson and his stepmother figures to erupt in California Superior Court in northern San Diego County later this year.

Deal Leaves Horsemen Questioning Solidarity

In a deal that has put some horsemen's associations on edge, the Kentucky Horsemen's Benevolent and Protective Association has agreed to reinstate signals from Kentucky racetracks to Tampa Bay Downs in exchange for dismissing its complaint for declaratory judgment against the Florida track.

Showboat Re-Files Lawsuit Against Penn National

Showboat Development has reportedly re-filed in Pennsylvania a lawsuit related to the operating rights of slot machines at Charles Town Races. A similar lawsuit filed in Nevada last year was dismissed Jan. 25 because of a lack of jurisdiction.

Penn National Suit Dismissed

A Nevada court on Jan. 25 dismissed a lawsuit that attempted to label Charles Town Races as a casino and force racetrack owner Penn National Gaming to pay a management fee to a previous owner of the track. The suit, which was filed by Showboat Development, was dismissed on the grounds that case should be heard in West Virginia, where the track is located.

Penn National Posts Strong Third Quarter

Penn National Gaming reported a 67.3% increase in revenue and a 52.5% increase in net income for the third quarter. In other news, the company is seeking dismissal of a lawsuit filed against Charles Town Races by Showboat Development over the rights to operate slot machines and video lottery terminals at the company's West Virginia racetrack. If the case is not dismissed, Penn National wants the case moved out of Nevada to a West Virginia court.

Giovanni Sues Jockeys' Guild

John Giovanni, former head of the Jockeys' Guild, filed a lawsuit Sept. 20 alleging that he was slandered by Guild officers and illegally forced out of his position in June.

Lawsuit Filed Over So. Florida Claim

Sylvia Heft filed a lawsuit accusing Gulfstream Park of negligence involving a horse she claimed for $50,000 last year. It was determined that Brass Badge did not have on file a Coggins certificate verifying a negative test for equine infectious anemia (EIA) within the prior twelve months, as required by state law.

Horse Owner Sues Gulfstream Over Claim

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A racehorse owner filed a lawsuit Thursday against the Gulfstream Park Racing Association for allegedly violating horse safety laws by letting an uncertifed animal be claimed from a race.

Bothe 'Zooming By' Lexington This Spring

John Bothe, the former Meadowlands track announcer who made national headlines when he filed a discrimination suit against the New Jersey Sports and Exposition Authority in 1999, has been hired by The Red Mile in Lexington to call the second portion of the harness track's spring meet.

Tampa Bay's Stall Denial Upheld by Court

Tampa Bay Downs and the local horsemen's association will be in court Tuesday morning. The track is accused of punishing Horsemen's Benevolent and Protective Association officers who were involved in a bitter contract battle last year.

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