Attorney Bill Gotimer discusses the lawsuits filed by bettors against Bob Baffert

May 27, 2021

Can bettors successfully sue a trainer for lost wagers following a positive test

To date three lawsuits have been filed against trainer Bob Baffert whose Medina Spirit won the Kentucky Derby, then tested positive for betamethasone. All three lawsuits were filed by bettors who lost their wagers, and one of the suits also names Churchill Downs as a defendant.

To date, Medina Spirit remains the Kentucky Derby winner pending the results of a split sample test. Both Churchill Downs and NYRA took action against Bob Baffert prior to completion of the split sample test, and as of now the sample has not yet been sent out. Both Churchill Downs and NYRA banned Bob Baffert from entering or running any horses at their racetracks. The CHRB, which governs California racing issued a statement they would not take action until the process played out and a ruling was issued. The rules in Kentucky give a trainer three days to request a split sample, but only state the sample has to be sent out following the request “as expeditiously as possible.”

Bill Gotimer opines on the merits of the lawsuits, which all contain RICO allegations. Bill also provides his thoughts on how he would have proceeded, the likely defenses, and what we may see play out.

Bill and Jonathan Stettin discuss the facts surrounding the cases, some of the things we know, and some of the things we don’t know just yet.

This is both an interesting and important show not just for bettors, but for anyone with a stake in the game. It is always insightful to hear from an attorney not directly involved, and also a bettor like Jonathan Stettin who obviously would follow a case like this. Bill Gotimer has been active in the legal community for a long time and is familiar with racetracks, racing, and has represented people involved in the sport in the past.

We think you’ll enjoy the show and following this interesting case from many perspectives.

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