Facing a two-year suspension from racing under an arbitrator's ruling earlier this year, trainer Phil Serpe was denied a preliminary injunction for the second time by a federal court in Florida.
In August 2024 at Saratoga Race Course, a drug test conducted on Serpe trainee Fast Kimmie turned up positive for clenbuterol, a banned substance. Serpe was temporarily suspended and faced both a long-term suspension and a fine of $25,000 from the Horseracing Integrity and Welfare Unit. He filed suit in October 2024, claiming, among other things, that the threat of a fine entitled him to a jury trial under the Seventh Amendment of the U.S. Constitution.
READ: Serpe Sues HISA, Says Entitled to Jury Trial
Serpe asked the court for a preliminary injunction, but the Horseracing Integrity and Safety Authority dropped its pursuit of the fine, and the injunction was denied.
In July 2025, a HISA arbitrator recommended imposing both a two-year suspension and a fine, but the Federal Trade Commission, which oversees HISA, set aside the fine.
READ: HISA Arbitrator Suspends Serpe For Two Years
For the second time, Serpe sought a preliminary injunction and was again denied on Oct. 30 when the court held Serpe’s suspension alone "is not a cognizable form of irreparable harm" and that the trainer has not demonstrated "a substantial likelihood of success on the merits." Both factors are thresholds required to obtain a preliminary injunctive relief.
The 30-page order states that although Serpe has not yet attained temporary relief, "the race is far from over" and orders the parties to fully brief the case on its merits for a final adjudication.
