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HISA Names Anjali Salooja As New Director Of Operations And Compliance

The Horseracing Integrity and Safety Authority (HISA) has named Anjali Salooja Director of Operations and Compliance, the organization said in a release Thursday.

Salooja will oversee all compliance systems and procedures for the organization, ensuring HISA remains compliant with the Horseracing Integrity and Safety Act at all times. She will also provide daily operational and long-term planning support for new initiatives designed to promote equine and jockey health and safety.

“We couldn't be more pleased to welcome someone of Anjali's talent and experience to HISA,” said CEO Lisa Lazarus. “Her expertise in leading organizational operations and implementing national safety protocols make her an excellent fit to help us further HISA's goals.”

In her most recent role, Salooja served as the National Basketball Association (NBA)'s Vice President and Assistant General Counsel. She oversaw the NBA's Anti-Drug Program and player health and safety efforts for its affiliate leagues, leading coordination with players, medical advisors, coaches, trainers and league staff. Prior to that, Salooja practiced law at Debevoise & Plimpton and worked as an analyst at Goldman Sachs.

“I look forward to helping further HISA's mission by ensuring operational excellence across the growing organization,” said Salooja. “With continued coordination and partnership between the HISA team and racing participants, we can make integrity and safety the top priority in Thoroughbred racing across the country.”

Salooja is an admitted attorney to the New York State Bar Association and a graduate of Harvard College and Harvard Law School.

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Judge: ‘Substantial Overlap’ of Plaintiffs In Multiple Anti-HISA Suits ‘Indicative of Improper Motive’

A lawsuit spearheaded by the states of Louisiana and West Virginia that is trying to derail the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations was dealt a setback Wednesday when a federal judge recommended that an amended version of the complaint be stricken from the record.

That recommendation, if it gets put into place by a final order, would bar 14 individual Horsemen's Benevolent and Protective Association (HBPA) affiliates, plus a wide swath of states, racing commissions, and individual racetracks from becoming parties to the 14-month-old lawsuit.

Magistrate Judge David Ayo of the United States District Court (Western District of Louisiana) also recommended in his 13-page report that the original case be stayed pending the outcome of a separate, but similar Fifth Circuit Court appeal that is headed by the National HBPA and is also trying to stop HISA from operating based on other alleged constitutional violations. Oral arguments in that case are scheduled for Oct. 4, but it could then be months before a Fifth Circuit decision gets issued.

The judge minced no words in his Sept. 13 report, which in part scolded the original and would-be plaintiffs for wasting the court's resources with “substantial overlap of parties” and their “multiple suits challenging the Act,” referring to litigation that is either currently swirling in the federal court system or has already been adversely adjudicated against some of the plaintiffs over the course of the last 2 1/2 years.

“After an exhaustive review of the landscape of suits challenging the Act, this Court concludes that Plaintiffs' amended complaint is the result of deliberate strategy and not excusable neglect and, for that reason, is a 'bad faith amendment' within the Fifth Circuit's interpretation of that term,” the judge wrote.

“Additionally, Plaintiffs' amendment is an abuse of procedure and an impermissible use of judicial resources. Finally, there can be no doubt that the shuffling of plaintiffs from one suit to another in this manner prejudices Defendants. This litigation tactic is duplicative and the very definition of 'piecemeal.'”

The original plaintiffs in the June 29, 2022, lawsuit were the state of Louisiana, its racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, the state of West Virginia, its racing commission, and five individuals regulated as “covered persons” under HISA. The Jockeys' Guild was also an original plaintiff, but it opted out of the lawsuit on Dec. 23, 2022, after Congress had just passed and President Biden was about to sign into law the amended version of HISA that is now in effect.

The defendants, who consist of the HISA Authority, the Federal Trade Commission (FTC), and board members and overseers of both entities, are alleged by the plaintiffs to have violated the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act (APA), which governs the process by which federal agencies develop and issue regulations,

On Feb. 6, 2023, the plaintiffs filed an amended complaint to the lawsuit, with the chief changes being the addition of the broad new slate of new plaintiffs.

After the defendants moved to strike the amended complaint on Mar. 6, the plaintiffs followed up three weeks later by filing a memorandum in support of allowing the new entities.

“Defendants suggest that Plaintiffs engage in something sinister by seeking amendment to request expanded relief,” the plaintiffs' Mar. 27 court filing stated. “But parties across the country routinely amend to seek expanded relief without issue.”

Not so, rebutted the defendants, who in an Apr. 3 court filing characterized the alleged piling-on of plaintiffs as “maneuvering” intended to “piggyback” upon temporary relief from HISA's rules that had already been granted via a stay to the states of Louisiana and West Virginia.

The Sept. 13 report by Judge Ayo explained why he sided with the HISA Authority and the FTC in recommending that the amended complaint be stricken.

“[G]roups of plaintiffs, including the State of Louisiana and the Louisiana HBPA, have already litigated the constitutionality of the Act, as amended, creating substantial overlap among these suits as to parties and claims,” the judge wrote. “To the extent Plaintiffs would draw a distinction between this suit and those now on appeal to or decided by various circuit courts of appeals based on the inclusion of APA claims, this Court concludes that such argument must fail based on considerations of claim splitting.”

In federal courts, a rule against “claim splitting” prohibits parties from simultaneously initiating multiple suits involving the same subject matter against the same defendants. Application of the rule does not require that the claims or parties be identical in each suit. A court may find improper claim splitting where the claims in the more recent suit arise from the “same nucleus of operative facts” as those advanced in a prior suit.

Judge Ayo continued, writing in a footnote at a different point in the report that, “this Court is mindful of the benefit of allowing an issue to 'percolate' in the various district courts and courts of appeals.

But, the magistrate judge added, “Plaintiffs leapfrogging from one case to another in different district and circuit courts in the wake of unfavorable rulings does little to further this objective.”

Judge Ayo's report and recommendations now go to Chief U.S. District Judge Terry Doughty, who is overseeing the underlying lawsuit. Both sides in the case will have 14 days to file specific, written objections, after which Doughty will issue a final decision at the district court level that will be appealable to the U.S. Court of Appeals.

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Weekly Stewards And Commissions Rulings, Sept. 5-11

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

California
Track: Del Mar
Date: 09/10/2023
Licensee: Antonio Fresu, jockey
Penalty: One-day suspension
Violation: Exceeding number of designated race rides
Explainer: Jockey Antonio Fresu is suspended for 1 additional suspension day (October 14, 2023) pursuant to California Horse Racing Board rule #1766 (Designated Races – participated in more than one designated race on September 9, 2023).

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule
Colonial Downs
Ismerio Villalobos – violation date Sept 8; $250 fine but no further records of the ruling

Horseshoe Indianapolis
Miguel Angel Perez – violation date Sept 6; $250 fine but no further records of the ruling
Richard Edgardo Eramia – violation date Sept 6; $250 fine but no further records of the ruling

Remington Park
Jane Pamela Elliott – violation date Sept 5; $250 fine but no further records of the ruling

Pending ADMC Violations
Date: 08/17/2023
Licensee: Norm Casse, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Mo Flight. This is also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/13/2023
Licensee: Jennifer Nunnally, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Seraphimzale. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/12/2023
Licensee: Robert Klesaris, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Battalion, who won at Laurel Park on 8/12/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/10/2023
Licensee: Carlos Lopez, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3313–Use or Attempted Use of a ControlledMedication Method and/or Controlled Medication Substance during the Race Period–on the horse, I said Hey. This is also a possible violation of Rule 4221–Alkalinization or Use of an Alkalinizing Agent (TCO2)

Date: 08/10/2023
Licensee: Carlos Lopez, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3313–Use or Attempted Use of a ControlledMedication Method and/or Controlled Medication Substance during the Race Period–on the horse, Brodytheoxman. This is also a possible violation of Rule 4221–Alkalinization or Use of an Alkalinizing Agent (TCO2)

Date: 08/08/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Tapentadol–a banned substance–in a sample taken from Truckin Tommy, who finished third at Presque Isle Downs on 8/8/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 08/06/2023
Licensee: Cesar De Alba, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone–Controlled Medication (Class C)–in a sample taken from Scary Fast Smile, who finished seventh at Del Mar on 8/6/23. This is a possible violation of Rule 3312–Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/04/2023
Licensee: Devarus Douglass, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Pickle Feet. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/04/2023
Licensee: Jaime Cruz, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Detomidine–Controlled Medications (Class B)–in a sample taken from Animal Princess, who finished third at Delaware Park on 8/4/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: James Toner, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Commandeer, who won at Colonial Downs on 8/3/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/18/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Wait A Minute. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/14/2023
Licensee: Carla Gaines, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Summer Lake. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/01/2023
Licensee: Domenick Schettino, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Levamisole–Controlled Medication (Class B)–in a sample taken from Fast Study, who finished second at Belmont Park on 7/1/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/18/2023
Licensee: Chris Allen Hartman, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Necker Island, who won at Ellis Park on 6/18/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolved ADMC Violations
Date: 08/04/2023
Licensee: Jorge Maravilla, trainer
Penalty: 7-day period of Ineligibility, beginning on September 12, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Gabapentin–Controlled Medications (Class B)–in a sample taken from Stretch Run, who finished seventh at Santa Rosa on 8/4/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/29/2023
Licensee: Andy Mathis, trainer
Penalty: Disqualification of the Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a $500 fine; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Like No Other, who finished eighth at Del Mar on 7/29/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/13/2023
Licensee: Christophe Clement, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dantrolene–Controlled Medications (Class C)–in a sample taken from My Royal Vow. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/09/2023
Licensee: Jackie Riddle, trainer
Penalty: Disqualification of the Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a $500 fine; imposition of 1.5 Penalty Points.
Explainer: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Drinkroundthetruth, who finished second at Ruidoso Downs on 7/9/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

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HISA And HIWU Name Alan Foreman As Ombudsman

Effective immediately, the Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity & Welfare Unit (HIWU) have named Alan Foreman, the chairman and chief executive officer of the Thoroughbred Horsemen's Associations, Inc. (THA), as ombudsman on behalf of HISA's rules, with a primary focus on the Anti-Doping and Medication Control (ADMC) Program, both organizations released in a joint statement Wednesday.

As the national ombudsman, which is modeled after the World Anti-Doping Agency's Ombuds Program, Foreman's responsibilities include:

Serving as an impartial and unbiased resource for Covered Persons and other Thoroughbred industry constituents to provide confidential advice and assistance at no cost to them in relation to the ADMC Program and the Racetrack Safety Program, including with respect to the rights and obligations of Covered Persons under both Programs.

Accepting feedback and comments from Covered Persons and other Thoroughbred industry constituents with respect to the rules comprising both Programs and communicating such feedback and comments to HISA and/or HIWU.

Providing advice to HISA and HIWU about the content and interpretation of the rules comprising both Programs.

In addition to Foreman's current position with the THA, which he is maintaining, Foreman is recognized as one of the leading racing law and equine attorneys in the United States, with expertise in medication, drug testing, equine safety, and welfare. His law practice encompasses all aspects of equine and horse racing law, and he is counsel to many horsemen's and racing industry organizations, including the Maryland Thoroughbred Horsemen's Association, New York Thoroughbred Horsemen's Association, Pennsylvania Thoroughbred Horsemen's Association, National Steeplechase Association, and the United States Equestrian Federation Drugs and Medications Program. He is co-vice chair of the Racing Medication & Testing Consortium. He chairs the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities, co-authored the widely respected New York Task Force Report on Racehorse Health and Safety, and was recently named by Maryland Governor Wes Moore to the newly created Maryland Thoroughbred Racetrack Operating Authority.

Foreman has informed HISA and HIWU that he will donate all compensation paid to him by both groups in connection with his duties as ombudsman to the Thoroughbred Aftercare Alliance.

“HISA's commitment to fairness in racing includes ensuring every horseman is fully aware of our rules and processes,” said HISA Chief Executive Officer Lisa Lazarus. “I am grateful that Alan is assisting HISA and HIWU to help educate racing participants and listen and learn from them as we work together to implement HISA's regulations as evenly and effectively as possible.”

“The new ombudsman position will assist horsemen and other Covered Persons with navigating the ADMC rules, thus enhancing understanding and facilitating compliance under the ADMC Program,” said Ben Mosier, executive director of HIWU. “Alan's extensive experience in horse racing law, combined with a thorough understanding of HISA's rules, make him the ideal industry representative to take on this role.”

“I applaud HISA and HIWU for creating this important position and am honored that they have asked me to serve. It is vital for all Covered Persons and organizations to have a trusted advocate and resource for them in this new system, and I will do my best to be fair, objective, effective and meaningful. I hope this position helps to smooth the transition to our new regulatory system,” said Foreman.

Industry participants interested in utilizing the ombudsman service should reach out to Foreman via email or by phone at (410) 336-0525.

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