Mall,

My legal skills are rusty -- it being 5 years since I last practiced -- but I believe I recall some case law that a racetrack does not owe a duty to bettors with regard to their monies wagered. There have been lawsuits over allegedly fixed races, over races where the payouts were incorrectly posted and other misdeeds. My memory is that the case law is pretty strong that as a bettor you do not have a claim against the track. I don't know the cases or the reasoning but that is probably what Weil was referring to.

Now, in this case, since they have frozen the winning proceeds and since all of the p5 consos were tax tickets, it should be pretty easy for bettors to be made whole once this gets sorted out. I can't imagine what else they would do with the $3 million.