HISA Appeal to be Argued Aug. 30; Judge Denies Contempt Motion

The United States Court of Appeals for the Fifth Circuit will now hear oral arguments Aug. 30–slightly earlier than expected–in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) and the Federal Trade Commission (FTC).

Both entities are defendants in an underlying lawsuit that alleges unconstitutionality and federal rulemaking procedure violations regarding HISA's initial framework of regulations that went into effect July 1.

The Appeals Court docket previously indicated a September oral argument date was being planned.

At issue in the appeal is whether a lower court (U.S. District Court, Western District of Louisiana) erred in preliminarily enjoining HISA regulations that were purportedly harming the plaintiffs, who are led by the states of Louisiana and West Virginia, plus the Jockeys' Guild.

The Appeals Court ordered Aug. 8 that with the exception of three specifically contested HISA rules, HISA's legal authority would once again be valid in the two plaintiff states until that court heard “expedited” oral arguments from the two sides.

What happens in the Appeals Court will affect other actions in the lower court that are currently pending.

One such motion that had been outstanding was the plaintiffs' motion for the defendants to be held in contempt of court for allegedly violating terms of the preliminary injunction.

But on Aug. 15, Judge Terry Doughty of the district court denied that motion on the basis that, “The filing of a notice of appeal confers jurisdiction on the Court of Appeals and divests this Court over their aspects of the case. Once jurisdiction has divested, this Court may not take any action that would alter the status of the case as it rests before the Court of Appeals. Because the appeal involves the Preliminary Injunction at issue, this Court lacks jurisdiction to enforce the preliminary injunction or hold Defendants in contempt.”

Separately, a Tuesday filing in the district court stated that a pending “motion to intervene” involving 14 affiliates of the Horsemen's Benevolent and Protective Association and several other entities that want to join the lawsuit as plaintiffs has been assigned an Oct. 13 court date.

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Queen’s Plate Breeder Profile: Adena Springs Sends Moira, Shamateur To Canadian Classic

Adena Springs is a legend of the horse racing industry. Frank Stronach's program has bred and campaigned Hall of Fame horses in Canada, the United States, and around the world. Its success is driven by the simple philosophy: classic bloodlines, and classic performance.

So, it is no surprise that Shamateur and Moira, the two Queen's Plate starters bred by Adena Springs, have direct ties to the farm's illustrious sires, and provide an insight into the method behind its long history of standing successful stallions.

Shamateur is the son of Shaman Ghost an Adena Springs homebred who won the Queen's Plate in 2015. Moira is by Ghostzapper, the 2004 Breeders' Cup Classic winner and father of Shaman Ghost.

Ghostzapper is the son of cornerstone Adena Springs stallion Awesome Again, a homebred champion who was a continuation of the Vice Regent line.

What all these Adena Springs stallions have in common is what Director of Sales Dermot Carty says is the mark of a successful sire.

“You're looking for a stallion to upgrade mares,” said Carty. “Every one of our stallions upgrades the mares and their average earning index. We look for horses that will be better than the mares can do themselves and that is how you develop a better horse.”

The average earning index is a key part of the Adena Springs philosophy, and an early sign that Shaman Ghost is going to follow in his father, and grandfather's footsteps and become a top-quality stallion.

“Shaman Ghost had 18 individual 2-year-old winners, from when he was standing in California,” said Carty, “And the mares sent to him were at an average earning index of .56, and he managed to upgrade every mare sent to him.”

In addition to upgrading mares, something every Adena Springs stallion has is good speed, evidenced by their latest stallion brought to stand in Ontario, American Guru, who set track records at Woodbine, and Belmont Park over one mile on turf.

“We make sure we have stallions who have speed. When you look back at all the stallions we have stood, the one thing they all have is a good turn of foot,” said Carty. “Frank's philosophy is that it has to be the top end stuff, because we want people to be able to improve their broodmare here.”

On race day the Adena Springs box will have plenty to cheer for with Shamateur racing under the Stronach Stables silks, Moira running for a different group of owners, but by their stallion, and with Sir for Sure, another starter, and the son of pensioned Adena Springs stallion Sligo Bay (IRE).

“We'd love to see Shamateur win the plate, because we have the stallion, but of course we wish everyone the best,” said Carty. “It's a horse race, you can win you can lose. Frank would say he's delighted if one of the stallion wins, if they win, or if someone they know wins. It's a very positive way of looking at it.”

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Shipping Fever: Long-Term Treatment Often Required For Severe Bacterial Pneumonia

Pleuropneumonia is the most-severe form of bacterial pneumonia a horse can contract; it occurs when pneumonia extends from the main airway to the thin membrane on the surface of the lung (the pleura) and the thoracic cavity. Affected horses produce large amounts of protein-rich fluid and are at risk of developing endotoxemia, which then puts them at risk of laminitis and death. 

The condition is often associated with long-distance hauling (also called “shipping fever”), but it can develop after a horse chokes and develops aspiration pneumonia. When hauling horses, it's best to allow horses the ability to put down their head to clear their airways. Hay bags hung directly in front of the horse cause constant inhalation of debris and bacteria, which settles in the lower airways and leads to inflammation and infection. 

Pleuropneumonia doesn't develop right away – it can days or even weeks after the event for a horse to develop a cough, nasal discharge, or an increased respiratory rate – and not all horses affected by the condition will develop these signs. The horse may also spike a fever or go off his feed.

Diagnosed from ultrasound lung imaging, radiography of deeper lung tissues and fluid samples from airways, the condition often requires long-term hospitalization and intensive care to resolve. 

Horses have small slits between the right and left sides of the thoracic cavity that allow for small amounts of fluid to move between sides. When a horse has pleuropneumonia, inflammatory materials obstruct these openings, completely separating the two sides. Two different bacteria can cause infections in these spaces. 

A horse with pleuropneumonia will often have the pleural fluid drained, then be given antimicrobial therapy and supportive care. Horses often leave the clinic while still on long-term antimicrobial treatments; these are often administered for multiple months. 

Many horses with pleuropneumonia return to their previous level of work. 

Read more at HorseTalk.

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Ebor Week Begins with Baaeed

Ten years on from that momentous day when Frankel (GB) moved a nation, York's Knavesmire has a scenario fit to mark the anniversary as Shadwell's Baaeed (GB) (Sea The Stars {Ire}) goes onwards and upwards in the G1 Juddmonte International. Just as the great gift afforded to the late Sir Henry Cecil entered unknown territory traversing an additional two furlongs and 56 yards that afternoon, so too does the colt that has come to represent the bridge between the legacy of the departed Sheikh Hamdan and his daughter Sheikha Hissa. On paper, stamina beyond a mile is as of little concern as it was for Khalid Abdullah's deity, but after so many freakish displays at a mile it is his to prove. Luckily, the always cautious William Haggas is unconcerned on that score. “He just does what he needs to do, rather like his father, and I don't think the trip will be a problem,” he said. “We think he might be better at that trip and let's see what happens, it's what it's all about.”

The Knavesmire Appreciation Society

   Betting on the Juddmonte International is of no consequence this year, as it was in 2012 when all who gathered on York's expanse were there just to witness the passing through of the one of the modern racing greats. After the Southern tracks have had their fill, it is time for Shadwell's best performer beyond sprint trips for some time to grace the renowned Yorkshire venue and provide the county with the opportunity to bear witness to his prowess.

There is nothing in this flat, speed-favouring terrain that should hold any fears to a performer who has been able to explode into life on the undulations of Goodwood and Newmarket and over the stiffer concourse of Ascot. If anything, his effort in the May 14 G1 Lockinge S. at the similarly even track of Newbury was his most deadly to date and York could be his ideal playing field.

Where Are the Weaknesses?

William Haggas is right to point to the similarities between Baaeed and Sea The Stars, with the father and son identical in the way they could and can turn it on at any point. Bred to be a mile-and-a-half-plus horse, the current world leader is also armed with an abundance of fast-twitch fibres which have served him so well over a mile. His sectionals at Royal Ascot were astonishing, but there is going to be rain from Tuesday evening onwards and there is also the fact that two of his stablemates Maljoom (Ire) (Caravaggio) and Alenquer (Fr) (Adlerflug {Ger}) have returned dirty scopes in the last few days. Angus Gold is taking a step back from undue worry. “I've heard they've had two and a half millimetres and unless they have a three-hour storm, I can't see it is going to make too much difference to the ground and we'll take what we're given,” he said. “As far as I know, when I spoke to William last he's fine. They scoped him and he's clear. Like you and I though, if something is brewing, you're not going to perform at your best. So hopefully it is not, but until we know otherwise there's no point making a thing about that. So far, all the tests have been good and he goes there in as good form as we can have him.”

Mishriff Magic Or Misdemeanour?

Twelve months ago, Prince Faisal's Mishriff (Ire) (Make Believe {GB}) was in domineering mood here for his finest hour on turf and, while his four subsequent runs have yielded only one up-to-standard effort, it could be that this track brings out the very best in him. Along with that, the 5-year-old has developed a tendency to give away ground at the start which almost certainly cost him the Eclipse and ruined any conceivable chance in the King George. Thady Gosden is keen to be part of the combined stress test for Baaeed in this new discipline. “It's interesting and Baaeed is obviously brilliantly talented. He relaxes well and you would be shocked if he didn't get the trip, but he's taking on top class mile-and-a-quarter horses and I think it's fair to say that it's a stronger division than the miling division at the moment,” he said. “Mishriff seems to be in similar form now as he was when he went to York last year. He ran a huge race in the Eclipse and was perhaps unlucky there. His work gives us a pretty good measure of where he's at and he's in very good form. Whatever happens, it's going to be an exceptional race.”

How Will It Play Out?

   Stamina will be required on Wednesday, with Ballydoyle's High Definition (Ire) (Galileo {Ire}) on hand to try and draw the sting from his rivals on the front end as he almost did at The Curragh when narrowly denied in the May 22 G1 Tattersalls Gold Cup. That performance suggests the once much-vaunted 4-year-old is not too far below this level and if gifted too much of a lead may prove difficult to reel in at a track which has always favoured front-runners. Native Trail (GB) (Oasis Dream {GB}) would probably be best-served by being placed near the front, with his stride length particularly advantageous at this track. Trainer Charlie Appleby, who suffered a disappointing reversal on Sunday as Coroebus (Ire) (Dubawi {Ire}) dipped below his best in the G1 Prix Jacques le Marois, has a direct line to Baaeed through the G1 Sussex S. runner-up Modern Games (Ire) (Dubawi {Ire}). “Baaeed is top-class with an outstanding profile, who holds everything in front of him, but we feel we have the right horse to take him on and make a race of it,” he said. “Native Trail's work has been great. The condition of this horse is second to none. He is thriving, you can see that in him as an individual. You ask, and he delivers.”

Classic Dreams At Stake

   With the St Leger just over three weeks away, the time is nigh for any latecomers on to the scene for the Doncaster Classic to show their wares. York's G2 Sky Bet Great Voltigeur S. is a select affair this time, with Godolphin looking to strengthen their hand having already enjoyed G3 Gordon S. success with the ante-post favourite New London (GB) (Dubawi {Ire}). Fellow Charlie Appleby trainee Secret State (Ire) (Dubawi {Ire}), a son of the demoted 1000 Guineas winner Jacqueline Quest (Ire) (Rock Of Gibraltar {Ire}) and half to the GI Breeders' Cup Juvenile Turf winner Line Of Duty (Ire) (Galileo {Ire}), has achieved the notable feat of winning the kind of 3-year-old handicaps at Royal Ascot and Goodwood that are hotbeds for future pattern-race performers. The re-opposing Deauville Legend (Ire) (Sea The Stars {Ire}), who was getting four pounds from him when a head second in the Royal meeting's King George V S. June 16, has since been runner-up under a penalty to New London at Goodwood but Appleby is keen to wait and see when it comes to Secret State's Leger credentials. “We are lucky to have New London, who is currently favourite for the St Leger, which has always been his target. As for Secret State, we will make a decision regarding his trip after the Voltigeur,” he explained. “There's a question mark over whether he would get a strong one-mile-six. We will see in time.”

El Bodegon Back On Home Soil

James Ferguson may have Deauville Legend, but he is also in the enviable position of saddling El Bodegon (Ire) (Kodiac {GB}) in the Voltigeur and any significant rain will aid his cause. Five of his last six starts have come in France, with wins in the G1 Criterium de Saint-Cloud and G3 Prix de Conde last term followed by placings in the G1 Prix du Jockey Club and G1 Grand Prix de Paris. “He hasn't won in England since Sandown and people forget what happens abroad,” his trainer said of the flagbearer, whose one outing in that period resulted in a deflating seventh in the G2 Dante S. here May 12. “His last two runs have been very solid and back up to the level we know of him. He is very tough and he proved last time out in the Grand Prix de Paris that he stays a mile and a half no problem. He has been good from day one, while Deauville Legend has been getting progressively better and better and at the moment the plans are for them both to end the season down in Australia and this is the perfect stepping stone for both of them.”

Acomb Appetiser

There is a fascinating renewal of the G3 Tattersalls Acomb S. before the big two races on day one, with Godolphin's TDN Rising Star Local Dynasty (Ire) (Dubawi {Ire}) in action just 12 days after his impressive debut over this seven-furlong trip at Newmarket. A relative of the sire's Yibir (GB), who came to the fore in the Voltigeur last year, and Wild Illusion (GB), he showed he was able to run fast in the closing stages of his racecourse bow but has no soft touch here. Even faster is the July 7 Doncaster maiden winner Mill Stream (Ire) (Gleneagles {Ire}), who gave Local Dynasty's TDN Rising Star stablemate Noble Style (GB) (Kingman {GB}) a scare also over six furlongs at Newmarket July 29. A half-brother to the speedy Asymmetric (Ire) (Showcasing {GB}) from the family of Wunders Dream (Ire) (Averti {Ire}), he could be a pure sprinter and this test will tell Jane Chapple-Hyam more.

Classic Prospects On Trial

The Acomb has at least three other juveniles who could conceivably shape up into Guineas types, with Juddmonte's Chaldean (GB) (Frankel {GB}) particularly appealing after beating three subsequent winners over this trip at Newbury July 15. Juddmonte racing manager Barry Mahon said of the Andrew Balding-trained 550,000gns half-brother to the G2 Mill Reef S. scorer Alkumait (GB) (Showcasing {GB}), “He is a horse that Andrew likes. This has been the plan since he won his maiden. He is quite a late foal, so he is still developing and hopefully there is a bit more improvement to come. He is not a big horse, but he is progressing and I would imagine in the second half of the season he is hopefully going to be rocking and rolling.” Edward Bethell has a big week ahead and it starts with Fiona Carmichael and Ballylinch Stud's exciting Oviedo (Ire) (Lope De Vega {Ire}), who showed the kind of gears needed for this level when scoring on his sole start over this trip at Doncaster July 21. One of a few with stamina in his pedigree, his dam is a half to two talents in Chriselliam (Ire) (Iffraaj {GB}) and Lope De Vega's Very Special (Ire).

A Hectic Start?

Also in the mix for the Acomb is Highclere's July 16 Newbury six-furlong novice winner Hectic (GB) (Massaat {Ire}), an imposing Richard Hannon-trained colt running in the same colours as last year's surprise winner Royal Patronage (Fr) (Wootton Bassett {GB}). “I watched him work at the weekend and he worked very nicely and looked great,” Highclere's managing director Harry Herbert said. “It's a race we won last year with Royal Patronage and were second in the year before with Spycatcher–we know when you go there you're taking on some very highly-regarded rivals. We will throw him in the deep end and hope he runs well, certainly his home work has been impressive and his debut was outstanding when he made all at Newbury and went away again when they pressed him. He's always been considered a very nice horse and we're excited to see him move up to this level.”

 

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