Disputed sale of former Coolmore broodmare Love Me Only

[Starine]

http://www.bloodhorse.com/horse-racing/ ... only-trial

Thoughts?

[BaroqueAgain1]

I've been following the story a bit through Ray Paulick's articles and tweets of the proceedings. Thought his remark about the jury having been picked with the lawyers tossing anyone who would have been even slightly knowledgeable about horses, let alone laminitis, was a depressing...though entirely predictable...comment on the way our jury system sometimes works.
No surprise that the jury's eyes started to glaze over as they listened to hours of testimony about horse care, sales, medications and laminitis.
I haven't read enough to know whether Coolmore is going to lose this suit, but my gut is telling me that they deliberately sold a mare who they knew was not sound.
I also think that this case is going make prospective buyers of expensive bloodstock be a lot more suspicious, no matter how 'reputable' the seller or auction house may be. And maybe make the auction houses finally implement strict drug policies for the horses that go through their rings? One can only hope.

[Izvestia]

What exactly is the gripe here?
The mare has produced a nice foal from the original breeding, and has since produced another foal. She sounds healthy enough to produce foals (which is the intention). If her laminitis was a concern, why in heck are they still breeding her?
Also, what kind of vetting happened at the sale? Bute can hide some stuff, but when investing $2.1 million into a horse, why wouldn't you have a thorough examination?
Are they mad because the baby may have been a Danehill Dancer?

The article doesn't really explain what the real issue is.

[BlindLucky]

This one has a little more detail:

http://www.paulickreport.com/news/ray-s ... st-resort/

[bare it all]

I still am just not sure what the issue is now that the mare has been bred successfully, produced nice foals and whatever else. Is this just a pissing contest at this point?

[Izvestia]

I still am just not sure what the issue is now that the mare has been bred successfully, produced nice foals and whatever else. Is this just a pissing contest at this point?

I feel the same way. It's bizarre. If the mare had croaked from her laminitis a week after the purchase, I would understand better. Or, if the mare produced a mule, instead of an offspring of Sea The Stars, I would also understand it better.

But, she is still producing. The Sea The Stars looks like a good one. What do they want? The money back, the mare returned? Does that mean the foals go back to Coolmore? What about the money spent on the mare in the last few years?

[mimi6920]

I think what they are trying to get is punitive damages, which in this case would be kind of wrong. The mare has been productive for them, producing several foals. I think Summer Wind realizes that with all the monkey business that went on in the purchase, they can recoup some of the 2 million dollar purchase price, which would nicely pad their bottom line. So they got a nice mare that produces, and potentially a discount on their expensive purchase if the court rules in their favor. So really I think they saw an opportunity, and decided to see if they could make some money.

[Bold Carma]

I would think that the mare having laminitis would affect the mare's career as a broodmare. As she ages, has more and more foals , the weight of pregnancies may cause her pain. It may get harder and harder for her to conceive. The owners may choose to use a nurse mare, to relieve some of the burden, all additional costs. Granted, I am sure that the money is not an issue, just throwing out ideas.

That being said, if they would like to relieve themselves of the burden of this high maintenance broodmare, I would be willing to take her off their hands, at no cost!

[Life At Zen]

This lawsuit is a joke. Years later, several foals later, and they want to return her? Really?

If they had an issue with laminits 2 days after purchasing her, that's when all of this should've been dealt with. Not years after the fact. Clearly the laminitis has had no affect on her ability to produce, as they continue to breed her.

When purchasing a $2.1 million dollar horse, you'd think you'd spend the $500 to have your veterinarian do a pre-purchase exam......

It is also very much possible that this mare developed acute laminitis after she shipped to the sales, and no one knew about it until Summer Wind apparently discovered issues.

This is nothing more than, as one poster stated above, a pissing match. I will be appalled if Coolmore loses this case.

[mariasmon]

This lawsuit is a joke. Years later, several foals later, and they want to return her? Really?

If they had an issue with laminits 2 days after purchasing her, that's when all of this should've been dealt with. Not years after the fact. .

Not trying to be bitchy, here, but have you even read any of the articles on this? They did try to return the mare at the time. No dice. It's just taken this long to go to trial.

[Admin]

This lawsuit is a joke. Years later, several foals later, and they want to return her? Really?

If they had an issue with laminits 2 days after purchasing her, that's when all of this should've been dealt with. Not years after the fact. Clearly the laminitis has had no affect on her ability to produce, as they continue to breed her.

When purchasing a $2.1 million dollar horse, you'd think you'd spend the $500 to have your veterinarian do a pre-purchase exam......

It is also very much possible that this mare developed acute laminitis after she shipped to the sales, and no one knew about it until Summer Wind apparently discovered issues.

This is nothing more than, as one poster stated above, a pissing match. I will be appalled if Coolmore loses this case.

They disputed the sale within days of the hammer fall. You can't hold it against them that it's taken all this time to reach court.

As for a pre-purchase exam, I'm not sure what you expect them to have done. Broodmares aren't sold with full x-rays in the repository as that's not pertinent for a horse who has no racing in its future. One would only look into potential health issues with a broodmare if they spot something that gives them concern. They are saying that the medication given to her while at the sale hid the clue that they needed to look into a potential health issue. A horse should be shown at a sale without any medication, and if any is given, then it should be disclosed to potential buyers along with the reason for the medication (which the prospective buyers can pursue).

Who would buy a mare for $20k much less $2 million if they knew at the sale she has laminitis? No one. So why are we talking about how she's been doing since? That's irrelevant as they would've never bought her to start with had they known. One would think that they've gone to additional vet expenses and maintenance concerns that they didn't expect, and they'd think this could ultimately cut short her production career.

The bottom line is this -- did the seller (either or both the owner and consignor) know the horse had laminitis when she was being sold? And did they hide this fact? The days of caveat emptor are thankfully coming to an end in horse racing. You cannot sell a house without disclosing all material problems with that house, yet some think it's ok to not disclose in horse racing, with purchases that cost as much as houses. It's not.

[Izvestia]

Ok, so if they win the case what happens with the horses? Do they return her to Coolmore? What about the resulting foal from the original breeding? And any of the foals after that?
I don't understand how this works out, considering live animals and a shit load of money are involved.

[mariasmon]

Ok, so if they win the case what happens with the horses? Do they return her to Coolmore? What about the resulting foal from the original breeding? And any of the foals after that?
I don't understand how this works out, considering live animals and a shit load of money are involved.

If Summer Wind wins in this litigation, I imagine the scenario will involve them getting some money back and the mare staying put. Coolmore certainly doesn't want the mare. If they win, then nothing changes. I don't think it will wind up with Summer Wind getting every dime returned and handing over the mare.

[Admin]

Ok, so if they win the case what happens with the horses? Do they return her to Coolmore? What about the resulting foal from the original breeding? And any of the foals after that?
I don't understand how this works out, considering live animals and a shit load of money are involved.

If Summer Wind wins in this litigation, I imagine the scenario will involve them getting some money back and the mare staying put. Coolmore certainly doesn't want the mare. If they win, then nothing changes. I don't think it will wind up with Summer Wind getting every dime returned and handing over the mare.

I would imagine the starting point would be invalidating the sale, which would mean the mare returns to the prior owner and the buyer getting the purchase price returned. They're also seeking punitive damages along with probably court costs, attorneys fees, and expenses related to the laminitis. On the other side, there would be the value of the foals she's had. Summer Wind would hurt their case, I believe, if they make any move that seeks to keep the mare.

[mariasmon]

Ok, so if they win the case what happens with the horses? Do they return her to Coolmore? What about the resulting foal from the original breeding? And any of the foals after that?
I don't understand how this works out, considering live animals and a shit load of money are involved.

If Summer Wind wins in this litigation, I imagine the scenario will involve them getting some money back and the mare staying put. Coolmore certainly doesn't want the mare. If they win, then nothing changes. I don't think it will wind up with Summer Wind getting every dime returned and handing over the mare.

I would imagine the starting point would be invalidating the sale, which would mean the mare returns to the prior owner and the buyer getting the purchase price returned. They're also seeking punitive damages along with probably court costs, attorneys fees, and expenses related to the laminitis. On the other side, there would be the value of the foals she's had. Summer Wind would hurt their case, I believe, if they make any move that seeks to keep the mare.

I was thinking more along the lines of them making Coolmore refund a portion of the purchase price, with obvious deductions for the fact that they have foals out of the mare, plus litigation costs. But I could definitely be wrong.

[Admin]

I was thinking more along the lines of them making Coolmore refund a portion of the purchase price, with obvious deductions for the fact that they have foals out of the mare, plus litigation costs. But I could definitely be wrong.

That may happen, but I'm thinking that the scenario above would actually unduly benefit Summer Wind if they are allowed to keep the mare. I also have a difficult time coming up with a damages figure if they're allowed to keep the mare -- at this point in time, do they get $1 million or $10k for a potential loss in production in the future?

[mariasmon]

I was thinking more along the lines of them making Coolmore refund a portion of the purchase price, with obvious deductions for the fact that they have foals out of the mare, plus litigation costs. But I could definitely be wrong.

That may happen, but I'm thinking that the scenario above would actually unduly benefit Summer Wind if they are allowed to keep the mare. I also have a difficult time coming up with a damages figure if they're allowed to keep the mare -- at this point in time, do they get $1 million or $10k for a potential loss in production in the future?

Does it depend on the mare's long-term prognosis? I mean, she's apparently OK right now, but could she go south any day and wind up either costing them a ton in vet care or require euthanization?

[mimi6920]

Like I said earlier, at this point you are only looking at punitive damages and a return of a portion of the sale price. The original sale could be invalidated IF we were only talking about one horse. However, we are talking about multiple horses that came from the original horse, and Summer Wind sold those foals, I believe. So if the sale was invalidated all the foals that Summer Wind sold would have also been Coolmore property and Summer Wind would have to refund the sale prices of those foals since they would have been Coolmore property. It's all about getting punitive damages here, which are bottom line profit for Summer Wind at this point.

Another reason they may have continued forward with the law suit is the apparent lack of profit from her offspring. The Sea the Stars cold only brought 150k and was an RNA at the September 2013 yearling sale.

[Life At Zen]

This lawsuit is a joke. Years later, several foals later, and they want to return her? Really?

If they had an issue with laminits 2 days after purchasing her, that's when all of this should've been dealt with. Not years after the fact. Clearly the laminitis has had no affect on her ability to produce, as they continue to breed her.

When purchasing a $2.1 million dollar horse, you'd think you'd spend the $500 to have your veterinarian do a pre-purchase exam......

It is also very much possible that this mare developed acute laminitis after she shipped to the sales, and no one knew about it until Summer Wind apparently discovered issues.

This is nothing more than, as one poster stated above, a pissing match. I will be appalled if Coolmore loses this case.

They disputed the sale within days of the hammer fall. You can't hold it against them that it's taken all this time to reach court.

As for a pre-purchase exam, I'm not sure what you expect them to have done. Broodmares aren't sold with full x-rays in the repository as that's not pertinent for a horse who has no racing in its future. One would only look into potential health issues with a broodmare if they spot something that gives them concern. They are saying that the medication given to her while at the sale hid the clue that they needed to look into a potential health issue. A horse should be shown at a sale without any medication, and if any is given, then it should be disclosed to potential buyers along with the reason for the medication (which the prospective buyers can pursue).

Who would buy a mare for $20k much less $2 million if they knew at the sale she has laminitis? No one. So why are we talking about how she's been doing since? That's irrelevant as they would've never bought her to start with had they known. One would think that they've gone to additional vet expenses and maintenance concerns that they didn't expect, and they'd think this could ultimately cut short her production career.

The bottom line is this -- did the seller (either or both the owner and consignor) know the horse had laminitis when she was being sold? And did they hide this fact? The days of caveat emptor are thankfully coming to an end in horse racing. You cannot sell a house without disclosing all material problems with that house, yet some think it's ok to not disclose in horse racing, with purchases that cost as much as houses. It's not.

Ok - it makes more sense that the sale was disputed within days. I wouldn't think it would take THIS long to reach court (I do know how long the system takes, this just seems excessive).

Anyways, I stand firmly on the belief that a PPE should've been done. I don't care if she's just going to be a broodmare. Soundness is obviously key to her job. Sorry, but I do PPE's on free horses, regardless of whatever their future is planned out to be. If I'm spending millions then I would want a set of xrays done. That's pretty basic. And if it's not done routinely at breeding stock sales, I think that's ridiculous. Since laminitis would affect her broodmare career, it's certainly relevant to the purchase.

Regardless, if Coolmore knew then yes, they should get the penalty for that.

I also don't know WHY they've bothered to even fight about the Danehill Dancer cover? They got a Sea The Stars foal, who gives a rats ass about the previous cover? It obviously was not a fertility issue with the mare, and DD was having big fertility issues at the time.

[mimi6920]

I think they are bring up the Danehill Dancer breeding as further evidence to bolster their case. In civil court, they are trying to provide a preponderance of evidence that Coolmore systematically withheld information. Thus, the breeding to Danehill Dancer is not an issue here. From a legal perspective, they are suggesting this is evidence of systematic withholding of information regarding this mare's history, which is likely the key to maintaining a high sale price.