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03-10-2022, 07:44 AM
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#1
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Registered User
Join Date: Mar 2017
Posts: 5,800
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Let the Lawsuits, Testimonies, Truth-Lettings Begin
Opinion: Cleaning Out the Ole’ Muck Pit: Let the Lawsuits, Testimonies, Truth-Lettings Begin & Allow the Horseshoes To Fall Were They May
https://thepressboxlts.com/opinion-c...were-they-may/
Excerpt:
Now, for the very first time, the legal team assembled by Churchill Downs, Rankin and Carstanjen will get to depose Baffert and his entire team of assistant trainers, accountants, veterinarians, veterinarian assistants, grooms, hot walkers, night guards, public relations consultants and anyone else that they think may be able to offer some rational explanation for all the positive test results that have occurred in horses housed, cared for, treated and trained by this team. Past. And. Present.
See, when you work for a company that is valued at $8 to $9 billion dollars, you can afford to hire the very best in the legal land to represent your interests and to protect your company’s massive investment in brand and name credibility.
And, I suspect that Churchill Downs’ legal team is developing their strategy on just who they would like to talk to, and the questions they would love to pose.
I suspect Churchill Downs is reaching out to its’ own list of medical experts, who have unquestioned credentials and credibility, to weigh in on testimony for the record.
But just in case they need a little extra help and assistance, we have thought of some questions that we would like to see raised, addressed, and answered, as well.
And, in the name of justice and full transparency for all parties concerned — which I am sure all sides would like to assure the viewing public — we offer this list of possible inquiries for public disclosure:
For the whole story click on the link. https://thepressboxlts.com/opinion-c...were-they-may/
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03-10-2022, 08:08 AM
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#2
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Join Date: Mar 2001
Location: Reno, NV
Posts: 16,909
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Interesting read.
"Ass cream" was funny once, but used too often.
Personally, I think the sarcasm (in the article) - while entertaining - detracts from the potential seriousness of the article.
All in all, a good read.
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03-10-2022, 08:21 AM
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#3
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self medicated
Join Date: Mar 2012
Location: toga
Posts: 3,086
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In these deals it has a lot to do with the judges rules. I’m no lawyer but I sort of understand how those work from people that are lawyers. First, it will probably drag on past the Derby anyway unless Baffert can have his people push it and the judge agrees. Second, I’m almost certain Churchill will try to present a “ prior track record” which isn’t always a sure thing to allow. That the bottom line of this. They will attempt to portray him as a serial offender . Prior acts are not always allowed in. Then proving if it’s ass cream an injection or ingested becomes less important. They will also press the seriousness of this being the Derby. Which is how this blew up like it did.
Last edited by burnsy; 03-10-2022 at 08:25 AM.
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03-10-2022, 08:34 AM
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#4
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Registered User
Join Date: Mar 2017
Posts: 5,800
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Quote:
Originally Posted by Dave Schwartz
Interesting read.
"Ass cream" was funny once, but used too often.
Personally, I think the sarcasm (in the article) - while entertaining - detracts from the potential seriousness of the article.
All in all, a good read.
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The Author is extremely loyal to Churchill Downs so there's that. I agree with most of what he says. No doubt in my mind that Baffert will make a fool of himself in depositions where unlike softball interviews he'll have to answer tough questions.
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03-10-2022, 09:04 AM
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#5
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Join Date: Mar 2001
Location: Reno, NV
Posts: 16,909
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Quote:
Originally Posted by burnsy
In these deals it has a lot to do with the judges rules. I’m no lawyer but I sort of understand how those work from people that are lawyers.
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I, too, got my Living Room Lawyer degree from watching crime dramas. (Really just kidding you.)
(But not for me.)
(I also am an Amateur Doctor from watching Grey's Anatomy.)
(But seriously, folks...)
Quote:
The Author is extremely loyal to Churchill Downs so there's that. I agree with most of what he says. No doubt in my mind that Baffert will make a fool of himself in depositions where unlike softball interviews he'll have to answer tough questions.
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I can easily accept your assessment.
I know nothing of the personalities involved - other than the obvious: Baffert is VERY pro-Baffert and has a resources as well.
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03-10-2022, 11:02 AM
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#6
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Registered User
Join Date: Jun 2019
Location: Clarksville, AR
Posts: 1,216
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Quote:
Originally Posted by Dave Schwartz
Interesting read.
"Ass cream" was funny once, but used too often.
Personally, I think the sarcasm (in the article) - while entertaining - detracts from the potential seriousness of the article.
All in all, a good read.
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I seem to remember a corollary to the old Johnny Carson "If they buy the premise they'll buy the bit" line about jokes. It's "Don't do more than 3 jokes on the same premise." I'd think that would apply even more so to the same joke!
__________________
Tom in NW Arkansas
——————
”Past performances are no guarantee of future results.” - Why isn't this disclaimer printed in the Daily Racing Form?
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03-10-2022, 12:39 PM
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#7
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Registered User
Join Date: Aug 2012
Posts: 8,798
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It's definitely true that with respect to the merits of this litigation, Baffert is going to be exposed to extensive discovery. No way is any judge going to rule his actual medication practices irrelevant in discovery. At best, Baffert might be able to get a protective order where Churchill gets to see it but the world does not.
I can't imagine Baffert wants to go through that. I assume what he is really angling for is a quick injunction pre-discovery thar will allow him to try to run in this year's Derby. Because actually litigating this case is going to give Churchill a ton of information about his actual practices and he can't want that
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03-10-2022, 01:32 PM
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#8
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Registered User
Join Date: Feb 2003
Location: Dark Side of the Moon
Posts: 5,870
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Quote:
Originally Posted by Andy Asaro
The Author is extremely loyal to Churchill Downs so there's that. I agree with most of what he says. No doubt in my mind that Baffert will make a fool of himself in depositions where unlike softball interviews he'll have to answer tough questions.
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cant u just plead the 5th?
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03-10-2022, 04:00 PM
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#9
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Registered User
Join Date: Aug 2012
Posts: 8,798
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Quote:
Originally Posted by GMB@BP
cant u just plead the 5th?
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Pleading the 5th (1) only works when you face a criminal accusation, (2) results in a negative inference in the civil suit (essentially, Baffert loses), and (3) can defeated by immunity, i.e., if prosecutors promise not to prosecute, Baffert can be compelled to answer questions under oath about all of his activities.
So no, Baffert won't plead the 5th, at least unless he has given up on getting entries to the Derby and is just trying to avoid prison.
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03-10-2022, 04:05 PM
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#10
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Registered User
Join Date: Mar 2017
Posts: 5,800
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Quote:
Originally Posted by dilanesp
Pleading the 5th (1) only works when you face a criminal accusation, (2) results in a negative inference in the civil suit (essentially, Baffert loses), and (3) can defeated by immunity, i.e., if prosecutors promise not to prosecute, Baffert can be compelled to answer questions under oath about all of his activities.
So no, Baffert won't plead the 5th, at least unless he has given up on getting entries to the Derby and is just trying to avoid prison.
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Attorneys can only prep him so much. In the heat of the questioning he will lose it. The average person has a tough time in depositions even with the truth on their side let alone an egomaniac who doesn't have the truth on his side.
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03-10-2022, 04:13 PM
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#11
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Registered User
Join Date: Jan 2015
Posts: 1,955
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Quote:
This wait could be worth it.
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Considering how the racing industry has been less than transparent for decades, I'm dubious of lawyers, lawsuits, testimonies and depositions causing truth to be unleashed for a change.
Hopefully I'm wrong.
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03-10-2022, 04:16 PM
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#12
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Registered User
Join Date: May 2008
Location: Nebraska
Posts: 15,118
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Doubt any of this will be made public.
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03-10-2022, 05:32 PM
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#13
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The Voice of Reason!
Join Date: Mar 2001
Location: Canandaigua, New york
Posts: 112,815
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Quote:
Originally Posted by Parkview_Pirate
Considering how the racing industry has been less than transparent for decades, I'm dubious of lawyers, lawsuits, testimonies and depositions causing truth to be unleashed for a change.
Hopefully I'm wrong.
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Less than transparent?
SUPERMAN has less trouble through LEAD!
__________________
Who does the Racing Form Detective like in this one?
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03-10-2022, 05:40 PM
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#14
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Registered User
Join Date: Nov 2008
Posts: 10
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I'm not a T-bred guy, so a question for all who are.
Do you believe Baffert is and has always been a Juicer????
Thanks
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03-12-2022, 12:26 PM
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#15
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Registered User
Join Date: Jul 2007
Posts: 368
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Quote:
Originally Posted by dontbet chalks
I'm not a T-bred guy, so a question for all who are.
Do you believe Baffert is and has always been a Juicer????
Thanks
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Last edited by PaceAdvantage; 03-12-2022 at 01:23 PM.
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