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  • Posts

    • Defending itself in a constitutionality lawsuit initiated by the trainer Jonathan Wong, the Horseracing Integrity and Safety Authority on Friday told a federal judge in Louisiana that the court should either toss out Wong's case entirely or hold off on letting the litigation proceed while the Supreme Court of the United States decides whether it will take on one of three active requests stemming from different cases whose parties all want the nation's highest court to weigh in on similar constitutional issues Wong raises in his lower-court lawsuit. In a related Nov. 22 filing in U.S. District Court (Western District of Louisiana, Lafayette Division), the Authority also asked the court to deny Wong's motion for a preliminary injunction. As TDN's Dan Ross reported Oct. 19, Wong is currently fighting a two-year ban under Horseracing Integrity and Welfare Unit (HIWU) rules because of a banned-substance positive test for a human diabetes drug, metformin, that was detected in one of his winning trainees in a June 1, 2023, race at Horseshoe Indianapolis. Wong can, however, start horses in Louisiana and West Virginia, because they're the only two states in America where Thoroughbred medication testing and enforcement are not subject to oversight by the Horseracing and Safety Integrity Act (HISA) and HIWU. A preliminary injunction related to a different case is in effect in those two jurisdictions while a separate HISA-related lawsuit also plays out in federal court. Wong's stable is currently operational in Louisiana at Delta Downs and Fair Grounds. According to the Authority, Wong's decision to file his federal lawsuit in that state is allegedly why it should be tossed out. “First, the Court should dismiss this case under [federal rule, because] venue is not proper in this district,” the Authority's filing stated. “No substantial part of the events giving rise to Plaintiff's claims occurred [in Louisiana], and neither Defendants nor Plaintiff resides here. “Plaintiff's purported Louisiana address is an equestrian facility, which is not Plaintiff's permanent home,” which, the Authority added, “all known records indicate remains in California.” Alternatively, the Authority suggested, “the Court should order limited discovery on the issue of Plaintiff's domicile” to decide whether venue is proper. Next, the Authority argued, Wong's lawsuit doesn't belong in a Louisiana federal court if a different preliminary injunction is already keeping HISA from being the law of the land in that state. “Second, the Court should dismiss this case for the independent reason that the Court lacks personal jurisdiction over the Authority,” the filing stated. “The Authority does not have the requisite 'minimum contacts' with Louisiana because the Authority is not enforcing rules under HISA in Louisiana as to Plaintiff (or anyone else). “Because all the underlying conduct occurred elsewhere-a California trainer was sanctioned after his Kentucky-based horse tested positive for a banned substance at a race in Indiana-this litigation does not arise out of or relate to any Authority contacts with Louisiana either. “Indeed, Plaintiff's suspension under HISA does not even apply in Louisiana,” the Authority's filing stated. “Accordingly, the only connection between this lawsuit and Louisiana is Plaintiff's decision to bring suit here [and] the Court's lack of personal jurisdiction over the Authority compels dismissal of this entire suit.” Wong's complaint, filed Oct. 15, stated that HISA's delegation of federal regulatory power to the Authority allegedly violates the U.S. Constitution's private nondelegation doctrine and the Seventh Amendment's right to a jury trial. “Wong also brings this action because the Authority's enforcement of the HISA Rules against him-through a contracted private entity-violated Wong's Due Process rights,” the trainer's  complaint stated. “Relatedly, Wong brings this action to appeal the final decision and civil sanctions imposed against him from the Authority's enforcement action,” the complaint stated. “The Court should declare HISA and the HISA Rules to be unconstitutional, preliminarily and permanently enjoin Defendants from enforcing HISA and the HISA Rules against Wong, and vacate the final decision and civil sanctions imposed against Wong,” the complaint stated. Wong's legal team will have a chance to file a written response to the Authority's motion to dismiss the case.   The post Authority Wants Judge to Dismiss Wong’s Lawsuit Against HISA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article
    • As we all know Kaikoura struggle for numbers on both their day's, in a effort to elevate the problem Methven targeted low rating horses,  ran race's over short distances,  gave the option to Kaikoura to close off their fields before Methven, reduced stakes. I'm not really sure what else we could do other than not racing on the Friday night but where would all the horses go that wouldn't get a start. There is currently a hrnz survey out to find out why  trainers don't what to race there they should be asking the owners as well in my opinion  but unfortunately they don't seem to get consulted on anything. 
    • Eighteen point-to-point graduates feature in the catalogue for the Goffs Coral Gold Cup Sale, which takes place after racing at Newbury on Saturday, November 30. Inspections will be open on Friday and Saturday, with showing to take place next to the racecourse stables, before the sale gets underway in the Owners and Trainers facility after the last race at 3.35pm. Goffs UK managing director Tim Kent said, “We have had a very good response to the Coral Gold Cup Sale from the point-to-point handlers and have assembled a strong catalogue of horses to offer on Saturday. The sale got off to a great start last year and that has given vendors added confidence in the venue this time around. “Last week saw graduates from last year's inaugural sale notch up a winning double courtesy of The Bluesman for Paul Nicholls and First Confession for Joe Tizzard, so it's an exciting time for this young sale both in the ring and on the track, and we look forward to seeing everyone at Newbury on Saturday.” The post Catalogue Now Online for the Goffs Coral Gold Cup Sale appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article
    • Of course it is in the best interests for harness racing to have it string in the North Island. My postings are always to try and improve harness racing and point out where I think there are right or wrong decisions bring made and improvements. Auckland unfortunately are suffering from some business decisions that ultimately were financially very costly. Why does Auckland with its large population not be able to attract sufficient owners to race horses when Canterbury are able to? Without new owners and trainers coming through you would have to question any viability going forward? Some of the decisions that HRNZ and the Auckland Club make seem hard to fathom. I appreciate they are caught between a rock and a hard place but some soul searching needs to take place.  
    • The magic millions races aren't group races of course. If they wanted to make him into  a stallion they would need to target a decent group race somewhere.
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