Off the top of my head, the judge should say to Baffert's lawyer where were you when your horses weren't accruing points? Wasnt that the urgent emergency? If the issue was getting Newgrange into the Derby, you already knew of the harm as of January 1 when Newgrange was denied points.

Of course, Kentucky is the world of bizarro when it comes to law (see TGJB's Rachel Alexandra case which was a grave miscarriage of justice), so who knows how the court would rule. it is possible that Baffert will have more sway than Churchill Downs does. Also, it will be interesting to see how the competing interests of various owners will be handled (Baffert owners vs Non-Baffert owners).

I think the interesting issue will be what if we transfers the care of the relevant horses to other trainers just before the last round of Derby Preps?