Baffert/Muth Kentucky Derby Lawsuit Decision Expected Later This Week

Zedan's Zedan Racing Stables filed a civil lawsuit in Kentucky's Jefferson Circuit Court on April 3, in hopes his horses may be allowed to run in this year's Kentucky Derby. During Monday's hearing in front of Judge Mitchell Perry, Zedan and his attorneys defended that timeline. They said the issue was "hypothetical" until Muth won the Grade 1 Arkansas Derby, which would have earned the colt 100 points toward the Kentucky Derby, were he not in Baffert's barn. 

Perry chastised Zedan's legal team, stating that the last-minute filing caused an "incredible time crunch on everyone involved, including this court."

Zedan's legal argument is three-fold: that Churchill's exclusion of Baffert runners is not based in contractural or common law; that it damages the race's value; and that it defies the Horseracing Integrity and Safety Authority's attempts to create a level playing field.

Churchill's attorneys argued that Baffert signed a Triple Crown nomination form for several of Zedan's horses which states that the three host tracks can deny entry to any trainer’s horses “for any reason," and that allowing the Baffert-trained horses into the race would be "unjust" to other horse owners and trainers who played by the rules.

Another hearing will be held on Wednesday to discuss constitutionality issues. Judge Perry will solicit input from the Attorney General on prior to ruling on the injunction which would allow Muth entry into the Kentucky Derby; he expects that to take at least 48 hours, so a decision is not likely until Wednesday afternoon at the earliest.