The Other Side of the Cloning Case: Plaintiff’s Attorney Answers Our Questions About the Verdict

Following the announcement of a verdict yesterday in the case of Abraham & Veneklasen Joint Venture, et al., v. American Quarter Horse Association, we sought comment from the AQHA regarding the outcome. Comments from AQHA Executive Vice President Don Treadway, Jr. and AQHA President Johne Dobbs can be viewed in a piece posted on our website yesterday by clicking here.

We also reached out to the Plaintiff’s attorneys to get their response to the Jury’s decision to rule in their favor. On behalf of Nancy J. Stone, the attorney representing Abraham & Veneklasen Joint Venture, Sam L. Stein, attorney for Abraham Equine, Inc., and Ronald D. Nickum and Brian E. Robinson, representing Jason Abraham, we received the following statement.

“We are delighted with the jury verdict and hopeful that AQHA will now register horses produced through Somatic Cell Nuclear Transfer and their offspring without the necessity of the Court having a hearing on our request for injunctive relief. We are confident that the favorable jury verdict will result in the Court ordering AQHA to register the horses owned by Jason Abraham, Gregg Veneklasen, DVM and others and that the registration of these horses will further the mission of AQHA to maintain the integrity of the breed.”

We were also able to speak with the attorney for Abraham & Veneklasen Joint Venture, Nancy J. Stone, to learn more about their plans for moving forward in the legal process.

“The next step will be a hearing on our request for injunctive relief,” Stone says. “By finding that AQHA has violated the antitrust laws and that the violation has caused damage to the Abraham & Veneklasen Joint Venture, Abraham Equine, Inc. and Jason Abraham, the Jury has paved the way for the Court to enter a permanent injunction ordering AQHA to register horses produced through Somatic Cell Nuclear Transfer and their offspring. Getting these horses registered has always been the primary goal of Mr. Abraham and Dr. Veneklasen and the impetus of the lawsuit.”

“We hope that AQHA will register these horses without pursuing an appeal, but Mr. Abraham and Dr. Veneklasen are committed to pursuing this case to conclusion to get the horses registered.”

Stone also provided us with a copy of the verdict for further analysis.

In response to Question #1, which asked if the Defendant violated Section 1 of the Sherman Antitrust Act, the Jury answered “yes.” In response to Question #2, which asked if the Defendant violated Section 15.05(a) of the Texas Free Enterprise and Antitrust Act, the Jury answered “yes.” In response to Question #3, which asked if the Defendant violated Section 2 of the Sherman Antitrust Act, the Jury answered “yes.” In response to Question #4, which asked if the Defendant violated Section 15.05 (b) of the Texas Free Enterprise and Antitrust Act, the Jury answered “yes.”

In response to Question #5, which asked if the Defendant’s actions caused damage to the Plaintiffs, the Jury answered “yes” for each one of the plaintiffs. However, in response to Question #6, which asked “What sum of money, if paid now in cash, would fairly and reasonably compensate each Plaintiff for the damages, if any, that Defendant caused each?” the jury listed “$0.00” for each one of the plaintiffs.

Time will only tell where the final outcome of this case will lead as both parties move forward in the legal process. We will continue to keep an eye on this story as it develops.