The American Quarter Horse Association is asking a Texas court to stay an order requiring the registration of clones and their offspring, pending an appeal.
AQHA filed a notice to appeal the cloning case in September. A 10-person jury ruled the month prior that the breed association violated state and federal antitrust laws by conspiring to bar cloned horses from its registry. Jason Abraham and veterinarian Gregg Veneklasen, both of Texas, brought the suit in 2012.
The association states it will suffer irreparable harm if the stay is not granted. “Registering clones and their offspring will force AQHA to spend thousands of man hours, months of programming time, and substantial sums of money in order to rewrite or write new code-resources that will be entirely wasted if the Fifth Circuit reverses the Final Judgment.” AQHA projects the costs to exceed $100,000.
Court documents state the “stay will cause only minimal, temporary harm to the Appellees.” Abraham and Veneklasen have applied for the registration of five cloned horses and twelve offspring of cloned horses. Court documents state several horses are not eligible for registration even under the Court’s mandated rules.
The court will look at four factors when making its decision on whether to grant a stay pending the appeal. Those include whether the applicant has made a strong case and is likely to succeed on its merits; whether the applicant will be irreparably injured absent a stay; whether issuance of the stay will substantially injure the other parties; and where the public interest lies.
If a stay is granted, the registration of clones and their offspring will be put on hold until the appellate process is completed.