Appeals court denies injunction to get Muth into Kentucky Derby

The Kentucky Court of Appeals has denied a motion for temporary injunction that would have allowed Muth, owned by Amr Zedan, to start in the Kentucky Derby despite a ban on the horse’s trainer, Bob Baffert.

The ruling, issued late on Wednesday, upheld a decision last week by a Circuit Court judge to deny the injunction. Zedan filed his initial lawsuit on April 3, two days after Muth won the Arkansas Derby, in a last-ditch bid to get a court to allow the horse into the Derby field.

The decision by the court will almost certainly end litigation prior to this year’s Derby, scheduled for May 4. All horses considering the Derby must be on the Churchill property by 11 a.m. on Saturday to be eligible to enter the race.

Muth worked five furlongs at Santa Anita on Sunday and is being targeted to the Preakness Stakes, according to Baffert, who is not a party to the suit.

The Circuit Court judge, Mitchell Perry, told Zedan’s attorneys in hearings last week that they should be prepared to argue their case this summer, despite his denial of the temporary injunction. Perry said that there were legal issues to be resolved regardless of the bid for an injunction.

Churchill banned Baffert for two years shortly after it was revealed that his horse Medina Spirit, owned by Zedan, tested positive for a regulated medication after winning the 2021 Derby. Another horse trained by Baffert, Gamine, tested positive for the same medication after finishing third in the 2020 Kentucky Oaks, held in September due to the pandemic.

Churchill extended the ban by one year in July of 2023. At that time, Muth had been placed in Baffert’s care after being purchased by Zedan for $2 million at a two-year-old sale in March.

In the ruling, the court said that the motion sought by Zedan would be improper to grant because Baffert was not a party to the suit.

“Baffert is an indispensable party to this proceeding,” the ruling stated. “Any action taken by this court to allow Zedan to participate in the Derby with Baffert as his trainer would eviscerate CDI’s suspension of Baffert, without Baffert ever appearing before this court. On its face, that would be totally unfair and unjust for CDI and the other owners who have complied with CDI rules for entry of horses into the Kentucky Derby.”

In a statement issued on Thursday morning, a spokesperson said Zedan was “disappointed” by the ruling but that he was looking forward to running Muth in the Preakness.

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