LB51 Posted February 1, 2006 Report Share Posted February 1, 2006 Speedway wins latest legal roundJudge allows NASCAR case to go onBY PATRICK CROWLEY | ENQUIRER STAFF WRITERThe Kentucky Speedway has won another key victory in its multimillion-dollar antitrust lawsuit against one of professional auto racing's most powerful governing bodies.U.S. District Judge William O. Bertelsman has refused a request by NASCAR and International Speedway Corp. to dismiss the speedway's lawsuit.Both sides have about a year to conduct discovery, the process lawyers use to gather information for their case. In an order issued Friday, Bertelsman set a Feb. 1, 2007, deadline for discovery to be completed. The case would be heard in court later that year. NASCAR and ISC had argued in court filings and before the judge that the speedway's suit should be dismissed "for failure to state antitrust claims," Bertelsman said in the 17-page order."It has, however, been held that courts should be reluctant to dismiss antitrust complaints before the plaintiff has had an opportunity for discovery," Bertelsman said. "The test of sufficiency ... is whether the claim is wholly frivolous."After a careful analysis ... this court concludes that it passes this test of sufficiency," he said.Cincinnati lawyer Stan Chesley, who is leading the speedway's legal team, said he was pleased with the ruling."We're looking forward to moving on with discovery, getting their depositions and documents and moving the case forward," Chesley said. "We feel we can complete all the discovery and depositions and be ready for trial under the timetable set by the judge."A NASCAR spokesman could not be reached for comment.Bertelsman denied early requests by NASCAR and ISC to move the case from federal court in Covington to Florida, where both entities are located.NASCAR and ISC have denied operating a monopoly.In its quest for a Nextel Cup auto race, the Kentucky Speedway in Gallatin County has filed a $400 million antitrust suit against NASCAR, the Florida sanctioning body of the Nextel Cup series, and International Speedway Corp., a publicly traded corporation that owns racetracks throughout the country.The France family controls both. The speedway alleges that NASCAR and ISC operate as a monopoly.If the speedway wins the suit, it could land a Nextel Cup race, the premier event in professional auto racing. If it loses, it's likely the track will never get a race. Quote Link to comment Share on other sites More sharing options...
BengalszoneBilly Posted February 1, 2006 Report Share Posted February 1, 2006 A NASCAR spokesman could not be reached for comment.Bertelsman denied early requests by NASCAR and ISC to move the case from federal court in Covington to Florida, where both entities are located.There's a shocker. They wanted the case moved into their backyard where they own the judges.If the speedway wins the suit, it could land a Nextel Cup race, the premier event in professional auto racing. If it loses, it's likely the track will never get a race.It's fortunate they realized early on that they never would have gotten a race had they not forced Nascars hand. They had no choice but litigation from day one. Good luck to Kentucky Speedway. They deserve a Cup date. I say take one from Daytona or Charlotte. They have too many as it is. Quote Link to comment Share on other sites More sharing options...
Kirkendall Posted February 1, 2006 Report Share Posted February 1, 2006 I still think Kentucky is going to lose this. There's no way they can prove their charges in court. But it's nice that NASCAR is getting ripped about it. PR is the most powerful method of change. It's definately unfair, but not sure if Kentucky can prove what they are claiming....I say take one from Daytona or Charlotte. They have too many as it is.No way. I like both tracks too much. I say Pocono or New Hampshire. Heck, I'd say one of the big 2-mile tracks too. Those are really really boring at times. Quote Link to comment Share on other sites More sharing options...
BengalszoneBilly Posted February 1, 2006 Report Share Posted February 1, 2006 I say take one from Daytona or Charlotte. They have too many as it is.No way. I like both tracks too much. I say Pocono or New Hampshire. Heck, I'd say one of the big 2-mile tracks too. Those are really really boring at times.I'd rather replace a tri-oval with a tri-oval. Quote Link to comment Share on other sites More sharing options...
LB51 Posted February 1, 2006 Author Report Share Posted February 1, 2006 IMO the June Michigan race makes the most sense to move to Kentucky. It's one of the few cup races that doesn't have a Busch race coupled with it in the same weekend. The busch race for that weekend is already held at Kentucky. I'm sure the revenue for a race weekend is much more when the two circuits are grouped together. I would have to agree that Kentucky ownership group doesn't have much of a shot at winning this case, but I do think it will end up being a no lose situation for the fans in this area. Here's Why: If, by some reason, they actually win the case, we get a cup race. If and when they lose this case, the current ownership group will have no chance of getting a cup race, and they may lose the Busch and truck series' races as well. The main appeal that keeps selling the place out is the chance to possibly get cup racing, right? Once that appeal is gone, people will stop going and the ownership group will be forced to sell the track.In steps the ISC/Nascar. The ISC(which owns Daytona, California, Talladega, Michigan.......) is also run by the same people who run Nascar. They can come in and make a low-ball offer on Kentucky and probably get it. They have the money to expand seating to 100,000 plus and the ability to pull a race from any of their 14 tracks that they already own and put it in Kentucky. I believe this may be the way this thing plays out, but it's going to take a while. I'm thinkin we'll see a race around 09 or so. Quote Link to comment Share on other sites More sharing options...
BengalszoneBilly Posted February 2, 2006 Report Share Posted February 2, 2006 They have just as much chance at winning this case as Texas did in winning theirs. Folks said the same thing about their chances, and look what happened there. Quote Link to comment Share on other sites More sharing options...
Kirkendall Posted February 2, 2006 Report Share Posted February 2, 2006 They have just as much chance at winning this case as Texas did in winning theirs. Folks said the same thing about their chances, and look what happened there.Well, that's different. There was a verbal commitment that Texas would get a second date which took the court to accomplish. Kentucky assumed NASCAR would eventually give them a date. Which they didn't and Ken. got a little anxious and decided to sue. (can we say burnt bridge?) Quote Link to comment Share on other sites More sharing options...
BengalszoneBilly Posted February 3, 2006 Report Share Posted February 3, 2006 They have just as much chance at winning this case as Texas did in winning theirs. Folks said the same thing about their chances, and look what happened there.Well, that's different. There was a verbal commitment that Texas would get a second date which took the court to accomplish. Kentucky assumed NASCAR would eventually give them a date. Which they didn't and Ken. got a little anxious and decided to sue. (can we say burnt bridge?)Verbal statements and assumptions share the same zip code in the legal arena. Quote Link to comment Share on other sites More sharing options...
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