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-   -   Bettor sues after winning horse has positive drug test (http://www.paceadvantage.com/forum/showthread.php?t=143665)

SG4 03-07-2018 03:57 PM

Bettor sues after winning horse has positive drug test
 
I think we've all had dreams of this scenario, here goes someone trying their hand at it. I figured it was an aggrieved type of degenerate (the likes of which you'd find here, in a positive way) but once seeing that PETA was behind this, I think that immediately shuts the door on getting behind this guy.

I have to think any legal types around here will agree this lawsuit is a zero-shot attempt & just a PETA play for bad PR against horse racing, anyone disagree?

http://www.drf.com/news/losing-betto...-positive-test

airford1 03-07-2018 04:36 PM

Quote:

Originally Posted by SG4 (Post 2287227)
I think we've all had dreams of this scenario, here goes someone trying their hand at it. I figured it was an aggrieved type of degenerate (the likes of which you'd find here, in a positive way) but once seeing that PETA was behind this, I think that immediately shuts the door on getting behind this guy.

I have to think any legal types around here will agree this lawsuit is a zero-shot attempt & just a PETA play for bad PR against horse racing, anyone disagree?

http://www.drf.com/news/losing-betto...-positive-test

So you make a LARGE wager and your horse finished 2ond and you find out that the winner was given a Milkshake and was able to out finish your horse. Seems to me that you have a case and the trainer of the winner might be the one having to pay, if all things were fair. Just saying it could happen one day.

lamboguy 03-07-2018 04:51 PM

Quote:

Originally Posted by airford1 (Post 2287243)
So you make a LARGE wager and your horse finished 2ond and you find out that the winner was given a Milkshake and was able to out finish your horse. Seems to me that you have a case and the trainer of the winner might be the one having to pay, if all things were fair. Just saying it could happen one day.

its not worth suing for a $20 or $50 bill. but that being said there are plenty that use adw's that have records of all the bets they make. if someone were to follow up on bad test's and wait until he has a substantial amount of losses that were overturned due to bad test's, the trainers are race tracks might have to cough up some money. and then maybe the game would change.

Tom 03-07-2018 05:02 PM

Why should a race track/owner/trainer be above the legal system? Making a bet in good faith and then having it taken away by specific illegal actions by a third party seems idea fodder for a damn nice lawsuit. Maye leading to a class action suit by all the people who were screwed by a low life cheater.

MONEY 03-07-2018 05:19 PM

Quote:

Originally Posted by lamboguy (Post 2287253)
its not worth suing for a $20 or $50 bill. but that being said there are plenty that use adw's that have records of all the bets they make. if someone were to follow up on bad test's and wait until he has a substantial amount of losses that were overturned due to bad test's, the trainers are race tracks might have to cough up some money. and then maybe the game would change.

The real money is in "Punitive Damages" not actual loses.

onefast99 03-07-2018 05:51 PM

Once the race is deemed final the payouts at the track are final as well. In the event a horse is then dq'd for testing positive it in no way affects the pari-mutuel system. On the other hand should those who had the winner give back their winnings?

lamboguy 03-07-2018 06:02 PM

if a listed company misleads investors by leaving out vital information there are lawsuits and often times corporations lose the suits and have to cough up money. i don't see to much difference with pari-mutuel racing because basically the stock market and the pari-mutual markets operate the same way. the more demand for the shares of a stock the more the stockholder has to pay, the less demand the less they pay.

jay68802 03-07-2018 06:48 PM

Quote:

Originally Posted by SG4 (Post 2287227)
I think we've all had dreams of this scenario, here goes someone trying their hand at it. I figured it was an aggrieved type of degenerate (the likes of which you'd find here, in a positive way) but once seeing that PETA was behind this, I think that immediately shuts the door on getting behind this guy.

I have to think any legal types around here will agree this lawsuit is a zero-shot attempt & just a PETA play for bad PR against horse racing, anyone disagree?

http://www.drf.com/news/losing-betto...-positive-test

First of all, I resemble that remark. I wish him luck, because if he would win it would force horse racing to make some needed changes.

thaskalos 03-07-2018 07:11 PM

My bets have repeatedly run second to several of Karl Broberg's new acquisitions. I wonder if I too have a legal leg to stand on...

SG4 03-07-2018 07:15 PM

Quote:

Originally Posted by onefast99 (Post 2287285)
On the other hand should those who had the winner give back their winnings?

This is the point as to why nothing will be affected. If you're on the flip side & won a lot of money with a horse who happened to be on the juice, I don't think there will be a line of people looking to return their ill-gotten gains. Without those winnings returned, if you sued a trainer for all the "winning" bets which weren't when there's a positive test, that'd pretty much bankrupt any individual involved.

baconswitchfarm 03-07-2018 08:12 PM

Quote:

Originally Posted by SG4 (Post 2287318)
if you sued a trainer for all the "winning" bets which weren't when there's a positive test, that'd pretty much bankrupt any individual involved.



yes. :ThmbUp:

Afleet 03-07-2018 08:15 PM

Quote:

Originally Posted by thaskalos (Post 2287316)
My bets have repeatedly run second to several of Karl Broberg's new acquisitions. I wonder if I too have a legal leg to stand on...

call the ACLU, they have sued for crazier things

woodbinepmi 03-07-2018 10:09 PM

Quote:

Originally Posted by thaskalos (Post 2287316)
My bets have repeatedly run second to several of Karl Broberg's new acquisitions. I wonder if I too have a legal leg to stand on...

I like that, good one.

DGroundhog 03-07-2018 11:38 PM

Quote:

Originally Posted by onefast99 (Post 2287285)
Once the race is deemed final the payouts at the track are final as well. In the event a horse is then dq'd for testing positive it in no way affects the pari-mutuel system. On the other hand should those who had the winner give back their winnings?

Depending on the state and what exactly occurred there may be exceptions.

luisbe 03-08-2018 01:53 AM

Quote:

Originally Posted by Tom (Post 2287259)
Why should a race track/owner/trainer be above the legal system? Making a bet in good faith and then having it taken away by specific illegal actions by a third party seems idea fodder for a damn nice lawsuit. Maye leading to a class action suit by all the people who were screwed by a low life cheater.

The "milk shaker" might have bet on the horse and pocketed more money than just 10% of the purse, and...if he/she is not the owner.


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