Judge denies Zedan a place for Muth in Kentucky Derby 2024

Louisville, Ky.

In a victory for Churchill Downs Inc., a county-court judge refused to grant Zedan Racing Stables a preliminary injunction that could have let Bob Baffert-trained colt Muth into next month’s running of Kentucky Derby 2024.

Ruling in writing Thursday at 12:59 p.m. EDT in Jefferson County Circuit Court, judge Mitch Perry said, “injunctive relief is not warranted here, because the balance of equities weighs strongly against (Zedan).”

Flashback: Lawyers argue Monday for Zedan, Churchill.

As expected, Zedan’s legal team said it would challenge the ruling, presumably in the Kentucky Court of Appeals.

“We will appeal this ruling on an emergency basis as soon as possible,” Zedan’s team said in a written statement provided by a spokesperson. “The goal of our effort remains to ensure our horse Muth will have a once-in-a-lifetime opportunity to compete in the 150th run for the roses on May 4.”

According to the Los Angeles Times, the appeal probably will be filed Friday.

In a minor victory for Zedan, Perry also said he would not grant Churchill’s call to dismiss the case altogether under the state’s two-year-old law against frivolous lawsuits. Perry said the part of the law that would prevent him from going forward with the suit itself was “unconstitutional as it violates the strong tradition of the separation of powers in Kentucky.”

The bottom line is that while litigation may go forward in the coming months, Zedan will not be able to use a ruling from Perry to get what it really wanted, namely Muth and Baffert into the Kentucky Derby in just 16 days.

“We are pleased with the court’s decision today and believe Mr. Zedan may suffer from a case of Derby fever, which is known to spread with exposure to horses and is contagious this time of year,” CDI said in a written statement Thursday afternoon. “Symptoms can contribute to questionable judgment and in extreme cases can result in litigious behavior. There is no known cure. Nevertheless, we have communicated clearly about the rules of entry, which are the same for everyone and are non-negotiable. Contenders cannot sue their way into the Kentucky Derby. We wish Mr. Zedan well in the future and appreciate both his passion for the sport and his desire to see his horses compete on the first Saturday in May.”

Zedan’s case was built on the extension of Churchill’s ban on Baffert to run through at least the end of 2024. Stable owner Amr Zedan said he bought Muth and five other horses for $10.8 million last year with the understanding Baffert’s original suspension for Medina Spirit’s failed 2021 drug test was going to end last summer.

“There are serious concerns regarding the viability of (Zedan’s) claim,” Perry wrote. “Churchill Downs never expressly said in any press release, news conference or court filing that Bob Baffert would be reinstated for the 2024 Kentucky Derby. Read in its full context, the initial June 2021 statement indicates a more ‘wait and see’ approach to Mr. Baffert’s suspension. It is certainly difficult from the sparse language of the June 2021 statement and the barebones record the Court has before it to determine whether it was reasonable for any party to rely upon the June 2021 (statement) and take detrimental action based on that. It is even more difficult to ascertain whether Churchill Downs reasonably expected that statement to induce action or forbearance on the part of any party or entity.”

“We are disappointed in the court’s decision on our request for temporary relief, as we believe the court did not recognize the significant investment Zedan Racing has made, based on statements by Churchill Downs that if this trainer had no additional violations, Zedan Racing’s horses would be able to compete,” the Zedan spokesperson countered.

The balance of equities Perry referenced in denying Zedan its preliminary injunction directly referenced the buildup to and the status of the Kentucky Derby.

“Churchill Downs, as the host of one of the most preeminent sporting events in the world, has a duty to ensure that the rules and regulations put in place to guarantee an even playing field are upheld and followed,” Perry wrote. “Public trust and confidence in the integrity of the races run at Churchill Downs are essential to its business. It is also in the public interest to ensure that all those who attend or watch races at Churchill Downs can be confident in the fairness and integrity of the sport."

Perry also referenced what would happen if Muth were allowed into a race that has a 20-horse limit.

“The court is also deeply concerned about the innocent third parties who will have their horses removed from the Derby field to make room for (Muth) should the Court grant injunctive relief. These are entities who have done nothing wrong, have followed the rules and worked hard only to be denied the opportunity to compete at the last moment.”

The spokesperson for Zedan’s attorneys said the ruling was a by-product of CDI’s plan to drag out the legal game until time finally runs out on Muth.

“The court’s rejection of the defendant’s motion to dismiss affirms our view that it was nothing more than a transparent delay tactic aimed at ensuring its unjust ban remained in place for the 150th Kentucky Derby,” the Zedan response said. “We are pleased that the court denied that motion and turned to considering the merits of our temporary injunction motion to let one of the top-rated horses in the nation Muth run in the race.”