Category Archives: AQHA Cloning Lawsuit

March 27, 2015 Weekly Round Up

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I spent this week on the road in San Angelo speaking at county programs in four different locations.  The turn outs were  great, participation was excellent, and I really enjoyed my trip.  Big thanks to County Extension Agents Raymond Quigg, Chase McPhaul, Josh Blanek, and Morgan Runyan for the invitation to present at these meetings.  To those of you new to the blog from these presentations, welcome! Here are some of the ag law stories in the news this week * Cantaloupe Lawsuits Settled.  You likely recall from… Read More →

5th Circuit Reverses AQHA Cloning Case – AQHA Not Required to Register Clones

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On Wednesday, the Fifth Circuit Court of Appeals ruled in favor of the AQHA in the ongoing battle over the registration of cloned horses.  [Read full opinion here.] Background As you recall from this prior post, two AQHA members, Jonathan Abraham and Gregg Veneklasen, filed suit against the AQHA, alleging that the organizations policy that cloned horses and their offspring were not eligible for registration violated state and federal anti-trust law.  In August 2013, an Amarillo federal jury found in favor of the plaintiffs, holding that the AQHA… Read More →

September 19, 2014 Weekly Round Up

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I kicked off the week in Lubbock for the Southwest Council of Agribusiness meeting where I presented on important legal issues facing Texas producers.  It was a great meeting and I thank Tom Sell for the opportunity to attend and speak.  On Friday, I was off to Bellville to speak at the Multi County New Landowners Educational Series on laws impacting rural landowners.  What a fun group of people that included!  I was very impressed by the new landowner program, put together by Philip Shackelford, Kara Matheney and… Read More →

Briefing Complete in AQHA Cloning Appeal

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*This article is not a substitute for the advice of an attorney.* The parties have completed briefing before the 5th Circuit Court of Appeals in the much-watched case involving claims that the AQHA’s rule banning registration of cloned horses violates state and federal antitrust statutes.  A federal jury found in favor of the plaintiff’s last summer and the AQHA has now appealed that decision.  [Read more about the jury verdict here.]  An overview of the parties’ arguments is below.  If anyone would like a copy of the briefs, please call or… Read More →

Breaking News: Judge Grants Stay of AQHA Registration of Clones

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**This article is not a substitute for the advice of an attorney.** Yesterday, Judge Mary Lou Robinson granted the American Quarter Horse Association’s Motion for Stay, allowing the AQHA to continue its practice of not registering clones, at least for the time being. Earlier this year, an Amarillo jury found that the AQHA rule banning registration of cloned horses violated state and federal antitrust laws.  The case is currently on appeal in the United States Court of Appeals fro the Fifth Circuit and the AQHA’s briefing to the court is… Read More →

October 25, 2013 Weekly Round Up

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***This blog is not intended as a substitute for the advice of an attorney.***   A wide variety of ag law stories were in the news this week.  Here is a recap.   AQHA Seeks Delay in Registering Clones During Appeal:  The AQHA is seeking permission from a federal judge to delay in complying with an order to register cloned horses and their offspring pending a decision on the pending appeal.  In July, a jury found that the AQHA’s rules banning registration of cloned horses violated anti-trust laws. … Read More →

September 27, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** It has been a busy week for ag law-related stories in the news.  Here are recaps of some of the major stories this week. *  AQHA Files Appeal in Cloning Suit.  The American Quarter Horse Association filed its formal notice of appeal on Monday.  As you’ve previously read, this summer an Amarillo jury ruled against the AQHA, finding that its rules prohibit the registration of clones violate federal and state antitrust laws.  On August 22, Judge… Read More →

August 23, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** It was a busy week for ag law news.  Here are a few of the stories making headlines this week. *  This week Governor Perry announced his three appointees to the Texas Water Development Board.  The make-up of the Board changed after the passing of House Bill 4, which modified the board from 6 volunteer members to 3 members employed by the state.  Each member will be paid $150,000 per year.  Governor Perry’s appointees are Chairman Carols… Read More →

Breaking News: AQHA Ordered To Pay Nearly $900,000 In Attorney’s Fees

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**This article is not a substitute for the advice of an attorney.** The American Quarter Horse Association has been ordered by Federal District Judge Mary Lou Robinson to pay $891,387 in attorney fees to the plaintiffs who successfully sued the AQHA for violating antitrust laws.  (To read more about the lawsuit, click here.) Generally, attorney fees are not recoverable under Texas law unless they are permitted by statute or by contract.  The federal antitrust statute that the jury found was violated by the AQHA provides that anyone “injured in… Read More →

August 16, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Here are a few ag law items making the news this week.   * AQHA Case Update.  Many of you were interested in the blog post last week discussing the recent jury verdict against the American Quarter Horse Association’s ban on registration of cloned animals.  This week, the judge in that case entered an injunction that requires the AQHA to begin registering clones and their offspring.  The judge also considered the plaintiffs’ claim seeking to recover nearly $900,000 in attorney fees from… Read More →