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xander918
5th October 2008, 14:13
http://www.tsn.ca/auto_racing/story/?id=251579&lid=headline&lpos=topStory_auto_racing

Paul Tracy has filed a lawsuit against former Champ Car team owner Gerald Forsythe, claiming breach of contract.

The lawsuit, filed last week in U.S. District Court in Chicago, claims Tracy is owed more than $2.3-million as per his contract at the time Forsythe Racing ceased operation in the former Champ Car series.

In the complaint, Tracy's attorney claims the racer's contract called for a $1-million buyout to be paid in the event the team ceased operation in Champ Car. Terms of Tracy's contract also show that he was to have been paid $2.25-million for the 2008 Champ Car season, plus any bonuses. However, Tracy says he's been paid for February, March and April and nothing since.

Tracy's lawsuit did not specify any specific monetary damage, calling instead for compensatory as well as other damages.

No date has been set for the lawsuit and Forsythe has yet to respond to allegations.

"Forsythe has, since at least late 2007, engaged in a pattern of conduct to injure .. the career of Paul Tracy in the sport of automobile racing", claims the lawsuit.

The lawsuit claims a Termination Fee would be "payable in the event that Champ Car dissolved and Forsythe Racing chose to cease operations rather than race in an equivalent series".

In March 2008, Champ Car filed for bankruptcy and eventually ceased operations after agreeing to a merger with the Indy Racing League. The lawsuit claims that Forsythe was one of the principles of the decision to put Champ Car into bankruptcy and that he declined to join the IRL along with several other former Champ Car teams.

"Forsythe Racing had the discretion under the Agreements to cease operations and/or decline to offer Paul Tracy the opportunity to drive its racecars in the IRL or in any successor or equivalent league or circuit. Forsythe Racing breached the implied covenant of good faith and fair dealing by exercising this discretion unreasonably, without proper motive, arbitrarily, capriciously and/or in a manner inconsistent with the reasonable expectations of the parties."

Documents show that in 2002, Tracy and Forsythe agreed to a two year deal which paid the Canadian $3-million a year plus bonuses starting in December 2003. As part of the deal, Tracy would be paid $1-million if the team decided not to take part in the series due to "budget restrictions" prior to August 1, 2003. If the team ceased operations after August 1, 2003, then Tracy would get his full salary paid out to him for the duration of the 2004 season.

There was also a provision in the original deal which allowed Forsythe to place Tracy with another team if it was unable to participate in the 2004 season "due to budget restrictions or its incapacity to secure necessary sponsorship". The new team would have to have a budget of no less than $8-million. If Tracy refused, then he would be paid the $1-million buyout.

In August 2004, a contract extension was signed through 2006. Tracy's salary was reduced to $2.25-million a year, which took effect December 1, 2004. If the team folded after September 1, 2004 but before August 31, 2005, then Tracy was to have been paid his full salary for 2005 and receive a $1-million payment to cover the 2006 season. If the team ceased operation after August 31, 2005, then Tracy was to be paid his full salary for 2006 plus bonuses earned.

In May of 2006, a second extension to the deal was worked out which tied Tracy to the team through 2011. Tracy's salary remained $2.25-million a year and under this extension, if the team ceased operation on or before August 31, 2010, then Tracy was to be paid a Termination Fee equal to his salary plus a $1-million buyout.

According to the claim filed by Tracy, Forsythe attempted to renegotiate the deal in the fall of 2007, asking Tracy to take "significant cut" in compensation. An email from team vice president Neil Micklewright to Tracy's representative, David Stevenson, asks for a 70% cut in pay to $650,000 a year. If he refused, then the $1-million buyout would be exercised.

Tracy and Stevenson declined the request to renegotiate and stressed that they expected both sides to live up to the terms of the deal.

"We understand that if Jerry chooses to shutdown the team and withdraw from the Champ Car series, that he has the option to end his contract with Paul by paying him the termination fee," writes Stevenson. "Short of that rather drastic step we expect Jerry to honor his commitment to Paul."

In December 2007, stories began to circulate about the future of Forsythe Racing and that the team had asked Tracy to take a pay cut in order to remain with the team.

Micklewright phoned Stevenson to say that Forsythe was "very angry" with the stories and accused Tracy of making "less than useful comments in the press about his current contract situation" and accusing the driver of being "destructive".

On December 11, 2007, Micklewright contacted Stevenson by email and indicated Forsythe wanted to terminate Tracy's contract and asked that they propose a "reasonable settlement amount". That led to a meeting on December 27th in Chicago at which time Forsythe indicated he would field a race team in 2008 and that Champ Car was close to signing a major sponsor for the series. At no time was the potential of the series possibly folding discussed and the two sides left the meeting without making any changes to Tracy's contract.

However, in January and February, Forsythe was negotiating with IRL boss Tony George about merging the two open-wheel series. The two sides announced a merger in February 2008 and in March, Champ Car filed for bankruptcy.

On February 28th, Micklewright sent an email to Stevenson informing them that Forsythe would be closing down the team and was prepared to excercise their option to terminate Tracy's contract. A March 11th fax to Forsythe and Micklewright reminding them of their responsiblity to pay Tracy what he was owed under terms of his contract drew a sharply worded response on March 26th in which the team disputed that it owed Tracy any kind of Termination Fee, claiming that the contract was for racing in the CART/Champ Car series and that "Champ Car no longer exists" due to the bankruptcy and that "there is no longer a series in which either party is contracted to participate".

Areez2006
5th October 2008, 20:16
Well, doesn't look like Mr. Tracy will be driving for Forsythe if they do get their Indy Car team up and running for 2009. Such a shame too, I'd have enjoyed watching him race again with them...

Cart750hp
5th October 2008, 20:44
Why PT waited this long to sue this guy? Maybe it's his lawyers' advice? There were too many issues with this guy, Forsythe, and not many drivers left him for a good reason. I bet if Moore was still racing today (more likely with NASCAR now), he would also left the team same as the other drivers. This Forsythe guy to me is a crook! PT should pay his lawyers more so he could get more from Forsythe.

Dr. Krogshöj
5th October 2008, 21:00
Why PT waited this long to sue this guy? Maybe it's his lawyers' advice? There were too many issues with this guy, Forsythe, and not many drivers left him for a good reason. I bet if Moore was still racing today (more likely with NASCAR now), he would also left the team same as the other drivers. This Forsythe guy to me is a crook! PT should pay his lawyers more so he could get more from Forsythe.

He actually did sign a contract to race for Penske from 2000, didn't he?

icehammer97
5th October 2008, 23:23
He actually did sign a contract to race for Penske from 2000, didn't he?

Yes he did. Here is a link to the pictures of the Greg Moore Exhibit at the BC Sports HAll of Fame. http://rides.webshots.com/album/558621500PQKaKf

As you can see from the first two pictures they have a Potential Penske Driving suit and helmet for Greg. He was supposed to be De Ferran's teammate and after his death the seat was filled by Helio.

Other then PT (5 years and one race) and Carpentier (7 years) no driver has driver for Forsythe for more then 3 years.

As for PT I have a feeling there may be a seat open at Penske if he can make peace with The Captain.

downtowndeco
6th October 2008, 15:11
If this is all as it appears shame on Gerry. PT stood by CCWS when they really needed him. It shows what kind of people some of the management was over there.

garyshell
6th October 2008, 15:37
If this is all as it appears shame on Gerry. PT stood by CCWS when they really needed him. It shows what kind of people some of the management was over there.


All it shows is the kind of person ONE member of the management was "over there". Don't try to paint with such a broad brush. Your use of the plural implies that somehow this is a reflection on other folks, which of course it is not.

Gary

pits4me
6th October 2008, 18:30
Why PT waited this long to sue this guy?

Waiting until the 2008 racing season is over is normal practice. For anyone in road racing, that was this past weekend.


If this is all as it appears shame on Gerry. PT stood by CCWS when they really needed him. It shows what kind of people some of the management was over there.

It just demonstrates the sad state of open wheel racing these days. This wasn't the only lawsuit. Rahal, Patron, Scott Sharp also comes to mind.

Mark in Oshawa
7th October 2008, 02:21
I think PT was trying to give Gerry the benefit of the doubt or to find out what Gerry's plans were going to be for this upcoming season before filing suit.

Once it became clear Gerry was going to stiff him and if he comes back to racing NOT hire or even talk to PT, then PT went nuclear.

He deserved a lot better and it is a crime he didn't have a regular ride anywhere this summer

Osiris333
8th October 2008, 14:32
PT's appeal is as a maverick with a big personality. That doesn't jibe with Penske, who is totally corporate and phony. I would be stunned if PT drove for Penske in Australia or anytime after that, even though he's faster than anybody else who's out there right now.

Rex Monaco
8th October 2008, 16:42
PT stood by CCWS when they really needed him. It shows what kind of people some of the management was over there.

So then PT not getting a ride this year must reflect poorly on the current management.

downtowndeco
8th October 2008, 18:01
So then PT not getting a ride this year must reflect poorly on the current management.


Does PT have a signed contract with anyone in the IRL? How many times did CCWS or CART get sued vs how many times has the IRL ended up in court?

Say what you want, it was a a series that played fast and loose with the facts & would often throw things out there against the good will of it's fans to see if it would stick. In the end it caught up with them.

garyshell
8th October 2008, 18:14
Does PT have a signed contract with anyone in the IRL?

No, did PT have a signed contract with CCWS? No, he did not. He had a signed contract with Forsythe. If it was fair for you to stretch his contractual relationship with Forsythe to be an indictment of all of CCWS or CART, why is it not fair to stretch his lack of ANY contract to be an indictment of the IRL?


How many times did CCWS or CART get sued vs how many times has the IRL ended up in court?

Is PT suing CCWS or CART? No, he is suing Forsythe. What does the number of suits against CCWS or CART have to do with the topic of this thread?

Again, as I said the other day, you are painting with too broad a brush. You are rushing to criticize all of CART or CCWS using a topic that has a MUCH narrower focus. This is about Forsythe. It is not about CCWS. It is not about CCWS. Say what YOU like, but much as you'd like this thread to be about CCWS... it isn't.

Gary

downtowndeco
8th October 2008, 18:41
Talk about spliting hairs. Was Forsythe an owner of CCWS? Yes. When he talked Paul into staying in CCWS (because he was literally the last "name" they had) was it because it would be good for his team or good for the series, which he owned?

I'm sure there were some good guys at CCWS. But I stand by my opinion that in many cases the management played fast and loose. There are not many CCWS fans who feel very good about the bill of goods they were sold by the amigos.



No, did PT have a signed contract with CCWS? No, he did not. He had a signed contract with Forsythe. If it was fair for you to stretch his contractual relationship with Forsythe to be an indictment of all of CCWS or CART, why is it not fair to stretch his lack of ANY contract to be an indictment of the IRL?



Is PT suing CCWS or CART? No, he is suing Forsythe. What does the number of suits against CCWS or CART have to do with the topic of this thread?

Again, as I said the other day, you are painting with too broad a brush. You are rushing to criticize all of CART or CCWS using a topic that has a MUCH narrower focus. This is about Forsythe. It is not about CCWS. It is not about CCWS. Say what YOU like, but much as you'd like this thread to be about CCWS... it isn't.

Gary

garyshell
8th October 2008, 18:47
Stand by whatever you wish. I stand by the FACT that this thread and this lawsuit is about a contractual relationship with Forsythe racing. The fact that the principal in that company happened to be an owner of the series, does NOT make that series a party to the suit, nor germane to this thread.

Gary

DBell
8th October 2008, 22:25
I'm sure there were some good guys at CCWS. But I stand by my opinion that in many cases the management played fast and loose. There are not many CCWS fans who feel very good about the bill of goods they were sold by the amigos.


You all talk how one side was so much better than the other. Does an announced sellout at a race this year that was maybe 50% full stick in your memory? It does mine. After my 1st year following the IRL, the thing that strikes me most is how much more a like the 2 were than than they were different. And Tony's dung doesn't taste any better to me than the Amigo's dung.

Cart750hp
8th October 2008, 23:41
Let's not take this topic any further but this an agreement that PT and GF made when they were in CC. An agreement that supported both parties all the way to an event that CC folds. No need to go back and argue "if" and "when" but by reading articles and looking at the results from October 2007 to October 2008, most would be on PT's side. On top of this lawsuit, there was a dispute around December last year between PT and GF about contract. Yet in the end, GF re-signed PT or something like this. Probably not expecting CC would fold soon, or CC could continue on, GF kept PT. I believe that GF keeping PT had something to do with the CC management stir ups at the time. Yet, that doesn't prove that PT shouldn't be paid for a year in service with the team.

Come on Jerry, pay the guy. At least he stood by his words.... did you?

JasonD
9th October 2008, 16:37
On top of this lawsuit, there was a dispute around December last year between PT and GF about contract. Yet in the end, GF re-signed PT or something like this. Probably not expecting CC would fold soon, or CC could continue on, GF kept PT. I believe that GF keeping PT had something to do with the CC management stir ups at the time.


I disagree, I think GF knew CC was going to shutdown and was looking for a loophole with PT. For GF to want to drop PT and break the contract or PT to take a serious pay cut, then suddenly everything is all right? I dont buy it.

GF has turned into, (or maybe he always has been), a child.

downtowndeco
9th October 2008, 17:17
You all talk how one side was so much better than the other. Does an announced sellout at a race this year that was maybe 50% full stick in your memory? It does mine. After my 1st year following the IRL, the thing that strikes me most is how much more a like the 2 were than than they were different. And Tony's dung doesn't taste any better to me than the Amigo's dung.

Again. How many times has the IRL been sued? How many times has CCWS been sued?

BTW it was the track that announced the sellout, not the IRL. The IRL received it's full sanctioning fee & will be back next year, unlike San Jose/Las Vegas etc.

JasonD
9th October 2008, 17:26
Again. How many times has the IRL been sued? How many times has CCWS been sued?


And WHAT does that have to do with PT suing Forsythe? Lets stay on topic here shall we.

downtowndeco
9th October 2008, 17:37
And WHAT does that have to do with PT suing Forsythe? Lets stay on topic here shall we.

Selective outrage. What does this have to do with the topic?


"You all talk how one side was so much better than the other. Does an announced sellout at a race this year that was maybe 50% full stick in your memory? It does mine. After my 1st year following the IRL, the thing that strikes me most is how much more a like the 2 were than than they were different. And Tony's dung doesn't taste any better to me than the Amigo's dung."

Again. Forsythe was an owner of CCWS & he is being sued for stiffing one of his drivers. IMO it's indicative of the way CCWS did business. Some agree, some disagree.

garyshell
9th October 2008, 18:24
Forsythe was an owner of CCWS & he is being sued for stiffing one of his drivers. IMO it's indicative of the way CCWS did business. Some agree, some disagree.

And some say you are wrong. The ONLY thing is indicative of is the way Forsythe did business. Any stretch to apply it to how CCWS did business is just that, a stretch.

Is there any direct correlation to how the shareholders of any company run their personal business with how the corporation does its business. No, of course not.

Until you took a cheap shot at CCWS in general with the quote below, this thread was about PT and Forsythe. But once again, you were unable to resist the temptation to make this another "use versus them" the "IRL was better than CCWS" argument. The war is over, the IRL prevailed. When will YOU get over it?


If this is all as it appears shame on Gerry. PT stood by CCWS when they really needed him. It shows what kind of people some of the management was over there.

You could very easily have dropped the second sentence, but chose not to.

Gary

NickFalzone
9th October 2008, 18:25
Kentucky's supposed "sellout" was either a desperate promotional tactic, or a result of large corporate bookings that didn't pan out attendance-wise. And as mentioned earlier, the Kentucky "sellout" was put in press by the promoters, not the IRL. And all that said, attendance was up over 07.

garyshell
9th October 2008, 18:39
Kentucky's supposed "sellout" was either a desperate promotional tactic, or a result of large corporate bookings that didn't pan out attendance-wise. And as mentioned earlier, the Kentucky "sellout" was put in press by the promoters, not the IRL. And all that said, attendance was up over 07.


Word on the street here locally (Cincinnati) was it was indeed a result of corporate bookings that were "no shows". I have it second hand from a VP at the track, that they really did sell out damn near all the tickets. But had a bunch handed back when the corporate buyers realized they didn't have as many takers. Hence the last minute, "some tickets are available" announcements after the previously announced sell out. The track benefited there because they got to sell some of those tickets twice. The first time at a much reduced price because of the "block purchase", the second time at face value.

Gary

SoCalPVguy
9th October 2008, 21:59
I am no lawyer (I just played one on TV...) but it appears that the crux of Forsythe's defense is that because CCWS went bankrupt, that makes any contract to drive in CCWS null and void. What that arguement ignores is that Forsythe was a PRINCIPAL owner of CCWS and therefore controlled the process of bankrupcy.

I think a court would find that it was Tracy that made a good faith agreement, relied upon the contract, upheld his end of the contract, and had no control of any 'technical outs' like bankrupcy, therefore holding Forsythe to the letter of the contract and maybe slapping him with punitive damages for bad faith contract breech.

JMHO

SoCalPVguy
9th October 2008, 22:01
Kentucky's supposed "sellout" was either a desperate promotional tactic, or a result of large corporate bookings that didn't pan out attendance-wise. And as mentioned earlier, the Kentucky "sellout" was put in press by the promoters, not the IRL. And all that said, attendance was up over 07.

Off topic; take it to a "Phoney Attendance Figures" thread, there should be no shortage of examples in that one...