AQHA Embryo Transfer Case Revisited

On Friday, Sept. 14, 2001, officials and attorneys for the American Quarter Horse Association were back in court to receive presiding Judge Patrick A. Pirtle’s decision on a motion that was filed by AQHA asking the judge to reconsider

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On Friday, Sept. 14, 2001, officials and attorneys for the American Quarter Horse Association were back in court to receive presiding Judge Patrick A. Pirtle’s decision on a motion that was filed by AQHA asking the judge to reconsider his summary judgement, which was rendered on Dec. 15, 2000.


The plaintiffs in this case are AQHA Members who allege that AQHA illegally restrains trade under Texas law by the adoption and enforcement of Rule 212(a) that limits for AQHA registration one genetic foal per mare, per calendar year.


The horses that are the subject of the plaintiffs’ suit are embryo transfer foals, of which AQHA has registered a sibling during the same foaling year. Also included in the suit are offspring from those embryo transfer foals.


The lawsuit was filed in June of 2000 and initial arguments were heard before Judge Pirtle on October 9 last year. Following those arguments, the judge rendered an interlocutory judgement declaring that Rule 212(a) violated Texas antitrust law, based on summary judgement evidence. Because of that judgement, AQHA was not given trial opportunity to fully develop its record on why the rule is reasonable and is pro competitive

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