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Author Topic: latest news on Dutrow case  (Read 289 times)
honest & balanced terry
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« on: April 24, 2013, 10:31:15 AM »

Actions of defendants in Dutrow's lawsuit(s) plan to file motions to dismiss.

Key passages:

"The gaming commission says Dutrow had ample opportunity to present his side of the case in administrative proceedings and that the state has immunity.

The state also says the lawsuit is prohibited by a legal doctrine that prevents state court “losers” from being able to file a federal cases simply to reverse injuries that are the result of a state-court ruling.

Dutrow claims the ARCI damaged him by writing a letter encouraging New York officials to take into account Dutrow’s history of rules violations when assessing penalties in the case that ultimately got him the 10-year ban.

The ARCI attorney says that Dutrow cannot show that the ARCI was acting under the authority of the state and, therefore, cannot be found in violations of federal due process laws.

“Dutrow simply complains that ARCI exercised its First Amendment rights,” the March 19 letter from attorney David Staubitz said."
 
http://blogs.courier-journal.com/horsebiz/2013/04/16/whither-dutrow/
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"There are no $7500 maiden claimers, state-bred or otherwise, at Arlington."
HarnessFanDE
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« Reply #1 on: April 25, 2013, 07:37:43 AM »

Actions of defendants in Dutrow's lawsuit(s) plan to file motions to dismiss.

Key passages:

"The gaming commission says Dutrow had ample opportunity to present his side of the case in administrative proceedings and that the state has immunity.

The state also says the lawsuit is prohibited by a legal doctrine that prevents state court “losers” from being able to file a federal cases simply to reverse injuries that are the result of a state-court ruling.

Dutrow claims the ARCI damaged him by writing a letter encouraging New York officials to take into account Dutrow’s history of rules violations when assessing penalties in the case that ultimately got him the 10-year ban.

The ARCI attorney says that Dutrow cannot show that the ARCI was acting under the authority of the state and, therefore, cannot be found in violations of federal due process laws.

“Dutrow simply complains that ARCI exercised its First Amendment rights,” the March 19 letter from attorney David Staubitz said."
 
http://blogs.courier-journal.com/horsebiz/2013/04/16/whither-dutrow/

Dutrow wanted to be a Martyr and he got his wish.....Now he wants to pretend he didn't by exhausting every legal opportunity by fighting against it (I wonder who is footing the bill for his legal fight)......Kinda like the NFL coming out against Delaware and NJ for expanded gambling to include NFL......You know deep down inside they want the expanded gambling.....But they really can't come out and be for it.......Dutrow wanted to be a Martyr but it only works if he fights it to the end like he didn't
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