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#1
02-20-2009, 09:25 AM
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Fed judge wrestles with CDI-THG claims and issues..
Pretty fascinating issues being raised as part of the lingering THG v. CDI lawsuit (which may or may not procede)...
http://www.bloodhorse.com/horse-raci...in-cdi-lawsuit Judge: 'Tough Issues' in CDI Lawsuit By Ryan Conley A federal judge presiding over the antitrust lawsuit filed by Churchill Downs Inc. against horsemen’s groups basically said Feb. 19 he has his work cut out for him in trying to resolve the complex issues involved in the case. United States District Judge John G. Heyburn II said he feels many of the dynamics being argued in CDI’s case against the Thoroughbred Horsemen’s Group and the Kentucky Horsemen’s Benevolent and Protective Association are without clear-cut legal precedent.
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All ambitions are lawful except those which climb upward on the miseries or credulities of mankind. ~ Joseph Conrad A long habit of not thinking a thing wrong, gives it a superficial appearance of being right. ~ Thomas Paine Don't let anyone tell you that your dreams can't come true. They are only afraid that theirs won't and yours will. ~ Robert Evans The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command. ~ George Orwell, 1984. 
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#2
02-20-2009, 09:29 AM
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we wonder why we can't get backing or support for our industry from outsiders...and our own industry is attacking itself from within. we all expect the racing ship to sail in one direction, but those in the ship are all rowing in different directions. isn't everyone really on the same side, once it's all said and done?
what a mess...
__________________
Books serve to show a man that those original thoughts of his aren't very new at all. Abraham Lincoln
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#3
02-20-2009, 10:02 AM
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Quote:
Would it have been nice if there had been foresight 10-15 years ago as to these issues presenting themselves? Sure.. But there wasn't, and the technology has moved faster than the industry's ability to comprehend the ramifications. As a result, it's important that a fair, long term, mutually beneficial arrangement be made between the betting platforms (A), bricks and mortar operators (B) and the horsemen/ownership entities (C). For that to happen, everone involved has to understand and respect each parties contributions to the end product that we the customers are 'buying'. The dynamic changed tremendously from the origins, when there were the tracks and horsemen only, to now. And the tracks suddenly getting in the business of bet-taking via the platforms is an added wrinkle... A period of hard negotiations and decisions is a necessary part of the evolution going on, and the process is a lot closer to having firm foundations from which to work forward than there was even one year ago.
__________________
All ambitions are lawful except those which climb upward on the miseries or credulities of mankind. ~ Joseph Conrad A long habit of not thinking a thing wrong, gives it a superficial appearance of being right. ~ Thomas Paine Don't let anyone tell you that your dreams can't come true. They are only afraid that theirs won't and yours will. ~ Robert Evans The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command. ~ George Orwell, 1984.
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#4
02-20-2009, 11:06 AM
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If.... and a big IF... it proceeds, this could get real interesting. I do 100% agree that both sides in this have some valid points and that since there's no precedence, it could go absolutely either way, depending on which judge hears it on each level.
It's probably without question that the losing party will appeal it to the next level court too, since there's no precedence too and if the first ruling gets reversed, then the appeal process will keep going upwards. If and when it does get settled, it could actually help out the industry, because then there will be a precedence for the other industry groups to follow, which may standardize some of the issues, not just in KY, but in the rest of the country.
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#5
02-20-2009, 11:13 AM
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Quote:
as for this particular case, here's hoping the judge has infinite patience and wisdom.
__________________
Books serve to show a man that those original thoughts of his aren't very new at all. Abraham Lincoln
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#6
02-20-2009, 12:24 PM
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While I agree it is a very important case, it will be crippling for horseman and eventually will lead to the demise of racing if CDI wins. Without veto power over the signal, the tracks can basically shove any terms they want down our throat and we will have no recourse which surely will lead to further purse reductions and worse conditions for the horsemen. Especially in light of the real reason that this lawsuit has proceeded as far as it has. That is that CD owes the KY horseman over $5 million dollars which we have sued to recover since they dont seem to be inclined to pay that out. They filed this lawsuit as a response to that lawsuit and their lawyers liberal interpretation of antitrust violations. If we dropped that suit, this suit would be dropped also. While many dont realize the implications of this those that do are quite afraid of the outcome. Not having to bother with horseman CDI will start to point its guns at other tracks with huge rate hikes especially tying in the Derby and that will ultimately lead to higher takeout rates overall or the continuation of signal disputes except this time it will be among tracks as opposed to horseman and tracks.
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#7
02-20-2009, 04:34 PM
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At least they are gonna have a Derby Barbie and Chief Party Officer.
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