Trainer Bob Baffert scored a financial victory over the New York Racing Association Dec. 15 as United States District Court judge Carol Bagley Amon awarded him a total of $109,124.81 in attorneys' fees and expenses.
The total represents about two-thirds of the $162,086.31 Baffert sought for legal proceedings stemming from NYRA's May 17 announcement of his temporary suspension following the Racing Hall of Fame trainer's reporting that Kentucky Derby Presented by Woodford Reserve (G1) winner Medina Spirit failed a post-race drug test after the Run for the Roses.
The $109,124.81 included $106,457.50 in attorneys' fees and $2,667.31 in expenses.
Attorney W. Craig Robertson III, part of Baffert's legal team, had no comment on the judgment.
In her ruling, Amon based the amount of the judgment on what she called "case-specific factors" in Baffert's successful pursuit of a preliminary injunction to block NYRA's suspension.
One of her considerations in setting the final figure was that the case "did not implicate exceptionally challenging questions of law or fact."
She also noted that "the case was high-profile and offered reputational benefits for Baffert's attorneys, especially those attorneys who market themselves as equine law experts."
The fees awarded by Amon were: $49,447.50 to Robertson; $13,260 to Thomas E. Travis; $7,106 to Lexy Gross; $1,966.50 to Sarah K. Vandergrift; $21,735 to Charles Michael; $577.50 to Kimberly Gulino; $12,015 to Clark O. Brewster; and $350 to Mbilike M. Mwafulirwa.
Amon listed several reasons for siding with Baffert. She wrote that the "preliminary injunction was decided on the merits of Baffert's claim" and that "the preliminary injunction was against a state actor that later changed its procedures, mooting the question."
She also noted that since Baffert agreed that he would not seek damages if awarded attorneys' fees, the portion of the case related to the subject matter of the preliminary injunction is complete.
Following a hearing before Amon in United States District Court Eastern District of New York, Amon issued a July 14 ruling in Baffert's favor, lifting the suspension due to a lack of due process.
In response NYRA established a new set of protocols for disciplinary hearings and scheduled a hearing to begin Jan. 24 for Baffert.
"NYRA remains focused on protecting the integrity of the sport of Thoroughbred racing in New York and ensuring it is conducted safely," said Pat McKenna, NYRA's senior director of communications. "To that end, NYRA will conduct an independent hearing beginning on Jan. 24 to determine whether Mr. Baffert has engaged in conduct that is detrimental to the best interests of the sport or potentially injurious to the safety of horses and riders."
Since the lifting of the suspension, Baffert has sent out nine starters at NYRA tracks, registering three wins and two seconds with combined earnings of $514,630.
During the 40-day meet at Saratoga Race Course, he won the Ketel One Ballerina Handicap (G1) with Gamine , a daughter of Into Mischief who was the champion female sprinter of 2020 and also the winner of that year's Breeders' Cup Filly & Mare Sprint (G1).
Gamine was disqualified from a third-place finish in the 2020 Longines Kentucky Oaks (G1) and for that violation Baffert was fined $1,500 after a post-race test showed the presence of betamethasone, an anti-inflammatory medication.
Gamine's failed post-race test following the Oaks was one of five failed tests by Baffert runners in a year's time, May 2, 2020-May 1, 2021. Baffert was sanctioned for four of those failed post-race tests while Kentucky stewards have not yet conducted a hearing on Medina Spirit's Derby.
