They lost the huge legal malpractice case, he may be horse of the year.  It’s astudy in contrasts.  Plaintiffs may be tne new owners of the Preakness and the Breeders Cup Stakes Winner .

"A state judge has given the plaintiffs, in a lawsuit against three lawyers, the right to claim part ownership of the 3-year-old colt who has earned more than $5.1 million on the track.

Judge William Wehr said the plaintiffs can make the claim through Midnight Cry Stables, the company used by attorneys Shirley Cunningham Jr. and William Gallion to buy the horse for $57,000.

Cunningham and Gallion own a 20 percent stake in Preakness Stakes winner Curlin, who won the Classic on Saturday under Midnight Cry Stables’ blue and black colors. Curlin was third in the Kentucky Derby and second in the Belmont Stakes. and is likely to voted Horse of the Year.

The attorney for the 400-plus plaintiffs said the horse is now for sale, which prompted the move to claim Cunningham and Gallion’s assets. Angela Ford, the lawyer who represents the plaintiffs, said there have been discussions about both a private sale and a public auction of Curlin, but no decisions had been made as of Friday morning.

"I wouldn’t want to speculate on what he’s worth," Ford said.

Wehr’s order, issued late Thursday, comes in a case against Cunningham, Gallion and Lexington lawyer Melbourne Mills Jr. over the handling of a $200 million settlement in litigation over the diet drug fen-phen. Mills is not involved in the ownership of Curlin.

Wehr previously ruled that the attorneys bilked their clients of funds from the settlement and owe at least $42 million. Cunningham, Gallion and Mills are currently jailed in northern Kentucky awaiting a federal trial on charges of wire fraud stemming from the fen-phen settlement. They have pleaded not guilty."