Baffert, Zedan Dropping Appeal of Medina Spirit Case

Hall of Fame trainer Bob Baffert and owner Amr Zedan have agreed to fully and finally dismiss their appeal of the disqualification of Medina Spirit's win in the 2021 Kentucky Derby (G1), according to a Jan. 22 Kentucky court filing.

The document, called a Stipulation of Dismissal, says Baffert and Zedan "agree and stipulate to dismiss the above cause of action in its entirety, with prejudice." Each party will bear its own costs and expenses.

The referenced cause of action is an appeal filed by Baffert and Zedan in a state circuit court in Franklin County against the Kentucky Horse Racing Commission. The appeal challenged KHRC's decision to affirm the disqualification of Medina Spirit by stewards after post-race testing revealed Medina Spirit was positive for betamethasone during the Kentucky Derby. The medication was permitted for administration to horses under Kentucky regulations but was prohibited on race day.

Following the revelation of the medication positive in the days following the Derby, Churchill Downs imposed a two-year ban on Baffert entering horses at any of its tracks, citing a string of infractions by the trainer prior to the Medina Spirit case. Efforts by Baffert to litigate his way out of the suspension failed multiple times, and he sat out the 2022 and 2023 runs for the roses.

When the two-year ban expired, Churchill Downs tacked on another year and wrote the 2024 Kentucky Derby race conditions to say no horse trained by Baffert as of Jan. 29 could be entered. The stipulation to dismiss the appeal in Franklin Circuit Court was filed on Jan. 22.

After Churchill's suspension of Baffert, Kentucky stewards found the betamethasone positive violated Kentucky regulations, suspended Baffert for 90 days, and disqualified Medina Spirit. KHRC refused to stay the suspension while Baffert appealed; Baffert sustained multiple court rulings that upheld the KHRC's refusal; and Zedan and Baffert both sought to overturn the substance of the stewards' rulings by appealing to KHRC.

Ultimately, KHRC affirmed the stewards' ruling, and Baffert and Zedan next lodged an appeal with Franklin Circuit Court. It is that appeal Baffert and Zedan agreed to drop Monday. The language in the stipulation of dismissal calling it "with prejudice" is a legal term of art meaning that the appeal can never be pursued again.

The lead attorney in the rash of legal cases that followed Baffert's ban and Medina Spirit's disqualification, Clark Brewster, is part-owner of a horse that is co-leader of all 3-year-olds in 2024 Kentucky Derby points, Track Phantom , who's trained by Steve Asmussen. L and N Racing, Jerry Caroom, and Breeze Easy are other co-owners.

Baffert posted on X (formerly known as Twitter) minutes before this story was submitted for publication: "I have instructed my attorneys related to the disqualification of Medina Spirit in the 2021 Kentucky Derby. Zedan Racing owner, Amr Zedan, and I have decided it is best to positively focus on the present and future that our great sport offers. We thank the KHRC and Churchill Downs for listening and considering our point of view and we are grateful for the changes and clarity that HISA brings to our sport."

pic.twitter.com/5RUsOSHMjD

— Bob Baffert (@BobBaffert) January 22, 2024

Churchill Downs, in an emailed statement received shortly after this story was posted, said via a spokesperson, "Today's dismissal of appeal does not change the current suspension or deadline to transfer horses for the upcoming 150th Kentucky Derby."

Brewster, in an email, said Baffert and Zedan look forward to racing "promising horses." 

"Bob and Zedan Racing considered the likelihood of the KHRC litigation continuing on for an additional 2 years, inclusive of appeals," Brewster wrote, "and both concurred that ending the Medina Spirit appeal was best for all concerned. Bob and Amr Zedan look forward to moving on positively and are excited about the future and the promising horses that will carry the Zedan Racing silks."