Has the FEI never done anything to C its A from a lawsuit? After McLain was eliminated from the WC for hypersensitivity and sued the FEI (or hired attorneys and publically “considered suing as on option that was on the table”), the FEI is covering it bases, since they cannot prove that the rider did anything.
Why else are they testing horses? In the “old days” all a horse had to do was jog sound. If there was any question, it was held and re-jogged.
The hyper-sensitivity rule has only one reason for existing: to eliminate horses who the FEI believes have been tampered with.
If a rider/horse was eliminated because the area over a cut was sensitive, but the horse was not sensitive elsewhere on its leg, and it jogged sound, then the sensitivity rule has exceeded its mandate.
EDITED TO ADD: Now that I have read the details for Tiffany’s elimination, I believe that the FEI clearly exceeded the intent of the rule and thinks it is free to use it to hide behind while eliminating another N American horse. This is a clear abuse of power from which there is no appeal. – I am mad a hell, and feel awful for poor Tiffany whose hopes of riding in the Olympics have been taken from her without cause.