A lawsuit brought by a group of bettors against Hall of Fame trainer Bob Baffert and Churchill Downs Inc. was ordered dismissed for a second time by a federal appeals court May 2.
Anthony Mattera and 18 others placed bets on the 2021 Kentucky Derby (G1) that lost based on the official order of finish declared when the race was over. Subsequently, Medina Spirit, who paid off to the wagering public as the race-day winner, was disqualified by stewards after testing positive for a medication prohibited on race day in Kentucky. Mandaloun was promoted to first.
According to the court's opinion, the plaintiffs would have won their bets if the resulting new order of finish mattered for wagering purposes.
"But," the panel of judges wrote, "under Kentucky law governing pari-mutuel wagering, the first official order of finish is final. ... After the order is marked official, neither the stewards nor the courts can turn a losing wager into a winning one."
Attorney Mike Meuser of Lexington argued the case for Baffert and CDI. R. Guy Cole Jr., Eric L. Clay, and Rachel S. Bloomekatz rendered the decision.
A similar case filed by Michael Beychok and others is pending in United States District Court for the Western District of Kentucky, the same court that originally dismissed the Mattera case.
Baffert was suspended by CDI from its tracks after the drug positive came to light. He has not been allowed to run horses in the Kentucky Derby or other CDI races since.
