American Needle In A Haystack: The Cloned Horses Case

Law360, New York (January 21, 2015, 10:19 AM EST) -- Last week, the United States Court of Appeals for the Fifth Circuit took the unusual step of reversing a jury verdict and rendering judgment for the American Quarter Horse Association ("AQHA") in a case involving cloned horses. See Abraham & Veneklasen Joint Venture v. American Quarter Horse Association, No. 13-11043 (5th Cir. Jan. 14, 2015). Although the Fifth Circuit technically based its decision on insufficient evidence of conspiracy, the opinion really seemed to turn on the single entity analysis under American Needle Inc. v. National Football League, 560 U.S. 183 (2010).

First, some background. The American quarter horse is one of...

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