Derby Lawsuit Dismissed

[dressagetraks]

https://www.bloodhorse.com/horse-racing/articles/237090/federal-judge-dismisses-derby-disqualification-lawsuit

Now hopefully the Wests will let it go instead of appealing to absurdity as they have the wallets to be able to do.

Whether or not you think the disqualification was justified, this case legally has always seemed pretty straightforward to me. The Wests of their own free will and presumably after thoroughly reading it signed an agreement when they got licensed as owners that stated, among other things, that the decision of the stewards is final. They can’t decide after the fact that what they meant to agree to is “the decision of the stewards is final unless we don’t like it.” If they don’t like that rule, don’t sign that agreement and don’t race in that jurisdiction.

[Palm_Beach]

The lawsuit did reek of crybaby.

[smoofox]

More like oooooozed of crybaby…

[LaurieB]

The outcome was never really in doubt. But I guess they felt they had to make their point, ridiculous as it was.

I wonder if we’ll ever see Country House back on the track again?

[Maythehorsebewithme]

I think there is such a thing as a “frivolous claim of foul”, and that jockeys/trainers can be penalized for claiming such.
This was the same thing, too bad no penalty possible.

[dressagetraks]

I hope we see Country House again. I saw him live at Oaklawn this spring, watched him and the whole field in the paddock for several minutes, and he struck me then as a horse that was still putting it together physically and mentally. Omaha Beach stood out at Oaklawn for already having it together, but having seen CH that day, I was frankly very surprised that he got up to finish second in the Derby. Not that I thought he didn’t have talent, just that I thought he was a bit further out from being ready to run a race like that. I think he’d make a good 4-year-old, barring physical issues.

[Palm_Beach]

@Maythehorsebewithme

I think there is such a thing as a “frivolous claim of foul”, and that jockeys/trainers can be penalized for claiming such.
This was the same thing, too bad no penalty possible.

There was nothing frivolous about what happened in the Derby. Unless you think that Flavien should not have claimed foul, which would be incorrect because he was doing his job.

[Maythehorsebewithme]

@Palm Beach

There was nothing frivolous about what happened in the Derby. Unless you think that Flavien should not have claimed foul, which would be incorrect because he was doing his job.

You misunderstood me because I was not clear. I was not referring to Flavien’s claim, which was fully justified and correctly dealt with. I meant that the lawsuit by Wests was the equivalent of a frivolous claim of foul–not justified and was correctly dismissed.

[dressagetraks]

The beat goes on.

https://www.paulickreport.com/news/the-biz/an-outrageous-state-of-affairs-wests-plan-to-appeal-judges-dismissal-of-maximum-security-kentucky-derby-lawsuit/?fbclid=IwAR0MfLTiYWs3mBBnWgJ6N-MGtLS3ZXXe2zYQUhNpMBBA_Qdzi67KaCVUKlc

West is now comparing the disqualification to “totalitarian regimes in third-world countries.” He needs to go visit a third-world country for a little perspective, I think.

[LaurieB]

TDN has the story too:
https://www.thoroughbreddailynews.co…by-dq-lawsuit/

“The opportunities for abuses under such a bizarre and un-American system are self-evident. This is an outrageous state of affairs that does irreparable damage to the “trust” in the sport of Thoroughbred racing in Kentucky."

Let me be the first to invite him not to race in Kentucky again. :rolleyes:

[clanter]

@dressagetraks

The beat goes on.

https://www.paulickreport.com/news/t…Qdzi67KaCVUKlc

West is now comparing the disqualification to “totalitarian regimes in third-world countries.” He needs to go visit a third-world country for a little perspective, I think.

he does live in California which is striving to obtain 3rd or maybe 4th world status

He and his money need to be banned from ever owning a horse

[Where_sMyWhite]

My first thought upon reading the West’s were going to pursue further litigation was just … give it a rest. Sigh. I’m with LaurieB and I don’t even live in KY.

[Pronzini]

@clanter

he does live in California which is striving to obtain 3rd or maybe 4th world status

He and his money need to be banned from ever owning a horse

Don’t be misled by the politics du jour. California is more than just San Francisco and LA and it is doing just fine.

[Pronzini]

@LaurieB

TDN has the story too:
https://www.thoroughbreddailynews.co…by-dq-lawsuit/

Let me be the first to invite him not to race in Kentucky again. :rolleyes:

Unfortunately when you have the kind of money he has, you can walk around stupid and people around you don’t let you know. Then when you do something newsworthy, the filters fail and the stupid comes out for everyone to see.

[Maythehorsebewithme]

And the saga continues…

https://www.bloodhorse.com/horse-racing/articles/237109/wests-plan-further-litigation-over-2019-kentucky-derby

I have lost all respect for that man.

[smoofox]

Why would any trainer now want to connect themselves to this guy? I guess money talks…

[nelson]

Can someone explain to me what “secret deliberations” he’s talking about? Is he still talking about a DQ decision made directly after a race using video that everyone can view? I’m confused. Maybe now he’s claiming some larger conspiracy theory? Ridiculous.

[dressagetraks]

My impression, could be wrong, is that he thinks that the stewards should have invited him (and his lawyers, most likely) to participate in their DQ discussions, or at the least had only a “temporary” decision posted at that initial moment until he (and his lawyers) had a later chance to participate in the discussion. Even though he in writing gave them the right to make decisions, for them to do so without his input (and that of his lawyers) is “secret deliberations” and a violation of his constitutional rights. :rolleyes:

Comment from a non-racing-fan family member the other day: “Perhaps he should have considered before participating that most sports are dictatorships. Sports have officials whose decisions are final. Deal with it.”