An antitrust suit against the Maryland thoroughbred industry filed by the bankrupt owner of a Prince George’s County harness racing track is still alive.
A federal judge has ruled that Cloverleaf Enterprises Inc., which shuttered Rosecroft Raceway last month, has put forth enough evidence to allow the case to go forward. But U.S. District Judge Richard D. Bennett noted several times in his opinion that his ruling was based on whether Cloverleaf had enough of a claim to proceed.
He noted it is rare to dismiss antitrust cases before the discovery stage.
“An antitrust complaint should not be dismissed … ‘merely because the court doubts the plaintiff will ultimately prevail,’” Bennett wrote, citing a 1976 Supreme Court case against a private hospital in Raleigh, N.C.
Bennett’s opinion, issued last week, was in response to a motion to dismiss filed by defendants Maryland Jockey Club, the Maryland Thoroughbred Horsemen’s Association and others.