Cupid Colt Tops LTBA Breeders Sales Company of Louisiana 2022 Yearling Sale

The Louisiana Thoroughbred Breeders Association's Breeders Sales of Louisiana held its 2022 Yearling Sale followed by mixed session Oct. 1 at the Equine Sales Facility in Opelousas and it was topped by a $63,000 Cupid colt (Hip 60). He was consigned by Brehon Farm.

A total of 101 yearlings sold for a gross of $1,690,600 and an average of $16,739 and a median of $10,000. There were 19 RNAs. Three weanlings sold for a gross of $20,000 and an average of $6,667. One horse of racing age sold for $7,000 and nine broodmares sold for a gross of $67,800 and an average of $7,530. The gross for the overall sale was $1,785,400.

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Breaking Lucky Returns to Blue Star

GSW & MGISP Breaking Lucky (Lookin At Lucky–Shooting Party, by Sky Classic) has returned to Blue Star Racing in Louisiana for the 2023 breeding season. After beginning his stallion career at Blue Star Racing, he moved to Florida for the 2021 and 2022 breeding seasons.

“After many breeder's requests, we're excited to bring Breaking Lucky back to the bayou state,” said Dex Comardelle of Blue Star Racing. “It's no secret Louisiana is one of the most lucrative breeding programs in the country, and with the recent passage of sports betting and Historical racing, we expect Louisiana purses to increase exponentially over the coming years. Now is the time to double down on Louisiana breeding.”

Winner of the GIII Seagram Cup S. and Prince of Wales S., Breaking Lucky placed in several Grade I events and retired with a record of 27-4-6-6 and earnings of $1,196,376.

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Goldstein Honored by HRWS

Jane Goldstein will be recognized with a special award at the inaugural edition of the Horse Racing Women's Summit (HRWS) at its luncheon Thursday, Sept. 29. The presentation will honor Goldstein for her role as a groundbreaking leader and inspirational example to women in racing.

A native of New Orleans, Goldstein had an early introduction to the racetrack through her father, a writer and reporter with the Times-Picayune newspaper. She attended the University of Kentucky and Louisiana State University. Following graduation, she was hired to work in the publicity department at the Fair Grounds. She later worked in the publicity departments at Laurel, Pimlico, Monmouth Park, Hialeah, and Keeneland racetracks, as well as serving on the special Kentucky Derby “notes team” at Churchill Downs from 1970 to 1976. She also wrote freelance articles for various racing publications.

In 1972, Goldstein met Alan Balch, who was then director of public relations at Santa Anita Park. In 1975, Balch hired her as assistant news director at Santa Anita, promoting her to director of publicity in 1976. The first woman in the country to head a track publicity department, she continued to run the publicity and communications arm of Santa Anita until her retirement in 1998.

“Since Jane first joined Santa Anita, what has stood out most to me is her commitment to excellence in all things, both journalistically and in the sport,” said Balch. “Her unceasingly high standards serve as an exemplar for all of us.”

In 1984, Goldstein was named the venue press chief for the equestrian sports of the Olympics Games at Santa Anita and Fairbanks Ranch. She was also the first woman to serve on the selection committee of the Thoroughbred Racing Association's Grantland Rice Memorial Scholarship at Vanderbilt University, granted to a young man or woman interested in sports journalism. In 1985 she was inducted into the Fair Grounds press box hall of fame. Goldstein currently serves as a trustee of the California Thoroughbred Foundation, a non-profit corporation dedicated to the advancement of equine research and education.

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In Advance of HISA Appeals, Court Date, Two Sides Hone Arguments

In advance of oral arguments scheduled Aug. 30 in the United States Court of Appeals for the Fifth Circuit, the two sides involved in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) have filed legal briefs that they hope will sway the court to their side of the case.

Both HISA and the Federal Trade Commission (FTC) are defendants in an underlying lawsuit led by the states of Louisiana and West Virginia, plus the Jockeys' Guild, that alleges unconstitutionality and federal rulemaking procedure violations regarding HISA's initial framework of regulations that went into effect July 1.

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. The issuance of that preliminary injunction favored the plaintiffs, but HISA and the FTC appealed it to the higher court.

The Appeals Court then 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 oral arguments on the appeal. What happens in the Appeals Court will affect other actions in the lower court related to the underlying lawsuit.

“The district court had jurisdiction over Plaintiffs' claims,” stated an Aug. 19 brief filed by the plaintiffs. “The district court correctly concluded that Plaintiffs have standing because enforcing HISA's rules will inflict direct economic harm on each category of Plaintiff. Beyond that, the Plaintiff States are entitled to special solicitude, and HISA's rules inflict injuries on the States' sovereign, quasi-sovereign, and pecuniary interests.”

The plaintiffs' brief continued: “On the merits, multiple independent and valid grounds support the preliminary injunction. The HISA rules unlawfully dispensed with the requisite notice-and-comment period. Defendants' failure to provide for adequate notice and comment was not harmless given the significant changes these rules bring about for Plaintiffs, their members, and their citizens who raised substantive concerns that the FTC failed to take into account when it rubberstamped HISA's proffered rules…

“Beyond that, the district court correctly identified substantive flaws with each challenged series of rules–ways that HISA's rules clearly exceed its statutory authority–further amplifying the harms that warrant injunctive relief.

“Finally, the equitable factors support the preliminary injunction because the States cannot recoup their economic losses through an ordinary damages action [and] the public interest lies in ensuring that a private corporation is not unlawfully wielding federal power to implement a regulatory framework unauthorized by federal law.”

Not so, claimed the defendants in their Aug. 23 reply brief.

“Plaintiffs' response falls woefully short of justifying the district court's blunderbuss remedy–a preliminary injunction halting enforcement of all regulations promulgated under HISA at the time Plaintiffs brought this suit,” the defendants stated.

The defendants continued: “For each and every issue, Plaintiffs fail to so much as address critical defects highlighted by Defendants–presumably because they have no meritorious response. Plaintiffs do not even try to meet their burden to show actual and imminent harm for every rule they seek to enjoin, including the three specific rules that both sets of Defendants explained do not present any controversy.

“On the merits, Plaintiffs gloss over the gaping holes in the district court's plainly erroneous notice-and-comment analysis [and] lob a litany of misleading assertions on the assessment methodology…. Plaintiffs offer no meaningful response to the serious countervailing harms the order inflicts on Defendants and the public interest.

“These fatal flaws, independently or taken together, compel reversal of the extraordinary preliminary injunction in its entirety,” the defendants' brief summed up.

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