Report: Zedan Seeks Injunction Lifting Baffert Ban

Another lawsuit reportedly was filed against Churchill Downs Inc. over its ban of trainer Bob Baffert, but Baffert is not the plaintiff.

A story posted on the Los Angeles Times website before the suit was recorded in the court's online docket says the complaint was filed April 3 and that Zedan Racing Stables is asking for injunctive relief to allow Arkansas Derby (G1) winner Muth , and any other horse in which owner Amr Zedan holds an interest and that is trained by Baffert, to compete in the 150th Kentucky Derby (G1) May 4 at Churchill Downs. The Arkansas Derby win would have qualified Muth for the Derby, but for the Baffert ban.

BloodHorse obtained a copy of the complaint from Zedan's attorneys after this story was originally filed. A motion for temporary injunction is scheduled for hearing in Jefferson Circuit Court, a state court in Louisville, on April 8. The motion says it is based on alleged violations of Kentucky and federal law. If there are valid grounds to do so, Churchill Downs might elect to remove, or transfer, the case to federal court based on federal questions involved in the complaint.

Baffert is in the midst of a protracted exclusion now in its fourth calendar year barring him from racing at tracks owned by CDI. The initial ban was announced in 2021 and extended through mid-2023 when Churchill Downs said it would re-evaluate its position. Upon completion of the initial ban, Churchill announced an extension of the ouster lasting through the end of this year.

"Mr. Baffert continues to peddle a false narrative concerning the failed drug test of Medina Spirit," CDI said in a statement issued at the time.

Medina Spirit  was disqualified after winning the 2021 Kentucky Derby when he tested positive for betamethasone, a substance banned on race day in Kentucky. After almost three years of litigation disputing the cause of the test positive and how regulations were applied to the infraction, Baffert and Zedan, who respectively trained and owned Medina Spirit, abruptly dropped all proceedings Jan 22.

When Baffert and Zedan dropped their appeal, CDI said the move was not made in exchange for lifting the ban. Further, the rules for this year's Kentucky Derby specify that horses in Baffert's care as of Jan. 29 would not be allowed to enter.

In prior years, a similar rule was in place but with a later date. Some Baffert horses were transferred to other trainers to quality and run in the Kentucky Derby 

A lawsuit filed filed by Baffert seeking an injunction in the United States District Court in Louisville was denied before last year's Derby. Zedan was not a party to that suit.

In the complaint filed today, Zedan argues Churchill Downs is promissorily estopped from not allowing Zedan to race in the 2024 Derby after he allegedly bought horses for that purpose in reliance on statements made by Churchill when it banned Baffert the first time. The motion says Churchill Downs' original announcement “reserve[d] the right to extend Baffert’s suspension if there are additional violations in any racing jurisdiction," and that there have been no further violations. Thus, Zedan argues, Zedan was harmed by the ban's extension after he relied on the terms of the original ban by investing millions of dollars in race horses.

Several other arguments are advanced by Zedan in his 82-page motion for temporary injunction. Among them are claims:

--That Churchill Downs does not have a contractual or common law right to suspend Baffert;

--That if Churchill does have such a contractual right it is void as against public policy, and any such right held under Kentucky law is preempted by the Horseracing Integrity and Safety Act;

--That Churchill waived, or gave up, a right to extend the initial suspension;

--That Churchill is judicially estopped from extending the ban after allegedly repeatedly representing to a U. S. District Court in Louisville last year its suspension of Baffert was for two years.

“I am a longtime admirer of the Kentucky Derby and specifically headquarted my stables in the Commonwealth of Kentucky because it is world renowned for horse breeding," Zedan said in a press release. "Bringing this lawsuit is the last thing I ever wanted or expected. But due to Bill Carstanjen’s vindictive personal vendetta against our stable’s trainer Bob Baffert – who happens to be one of the most legendary trainers in the history of our sport – the horse racing industry I revere is being compromised."

According to a Wednesday press release from Oaklawn Park, Muth will target the Preakness Stakes (G1), the second leg of Triple Crown scheduled for May 18. A track spokesperson said Baffert made the announcement April 2.

According to Oaklawn, “My plan’s always been, if he ran well there, we’re just pointing him for the Preakness,” Baffert said, a move seemingly necessitated by the CDI ban.

BloodHorse reached out to CDI for comment. BloodHorse will follow up on this story once Churchill Downs comments or files responsive pleadings in court.