Judge rules in NASCAR's favor over Kentucky Speedway

[Lee Roy]

http://www.thatsracin.com/247/story/9867.html


U.S. District Court Judge William O. Bertlesman's opinion was issued Monday morning. In it, he ruled that even by granting Kentucky Speedway the benefit of the doubt on all reasonable inferences, the track failed to make a case.

Kentucky Speedway alleged that NASCAR, which is privately held by members of the France family and sanctions races, conspired with ISC, which is publicly traded but under majority control by the Frances, to keep track Kentucky from getting Sprint Cup races.

NASCAR and ISC had sought a summary judgment from the court before a trail that had been scheduled for March.

Kentucky Speedway has the right to appeal Bertlesman's ruling.

[Jonesi]

I kind of expected this. I do think NASCAR and ISC have/do predatory practices, but I didn't think Kentucky Speedway had a case.

[BobbyC]

They're appealing, and they believe Texas set the precedent.

[Jonesi]

They're appealing, and they believe Texas set the precedent.

I think it's a different situation than Texas. Bruton Smith was promised a cup date for Texas, then before he got it he & Bob Bahre bought up a track to split its Cup dates, thinking he was getting a 2nd date for Texas. Nascar saw it as he's got his date and he saved us the trouble of expanding the schedule. Kentucky was told before they built the track, you're not in any of the key market locations that we want to expand into (NY, PNW, CO), so you're not getting a cup date. I like to see the courts come down on ISC, but not with this case though.

[BobbyC]

Any smart attorney that Kentucky hires will say Texas set the precedent that you can sue your way to a date.

[Jonesi]

Speedway appeals ruling (Not a big surprise, and I still don't think they have a case.)
http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080111/NEWS0103/301110034

[RaceFanStan]

Kentucky Speedway sued NASCAR in July 2005,
alleging NASCAR and ISC violated federal laws by restricting which tracks host ... Cup races.
Kentucky Speedway LOST that suit ...

In an amended complaint filed in 2007, Kentucky Speedway sealed their fate ...
Kentucky Speedway filed antitrust charges against NASCAR & *International Speedway Corporation ...
the speedway charged “objective factors” for the awarding of Cup races ...
in the lawsuit Kentucky Speedway demands that :
(1) ... the France family to give up control of either *ISC or ...
(*ISC is the company that operates the tracks owned by the France Family) ...
Kentucky Speedway will LOSE that part of the lawsuit ...

(2) ... give up control of NASCAR (a private company also owned by the France Family) ...
Kentucky Speedway will also LOSE that part of the lawsuit ...

(3) ... that ISC sell at least 8 of the 12 tracks it owns that host Cup events.
Kentucky Speedway will also LOSE that part of the lawsuit ...

(4) Kentucky Speedway also seeks more than $200 million in damages from NASCAR ...
Kentucky Speedway will also LOSE that part of the lawsuit ...

=================================================

A Federal Judge correctly dismissed the antitrust lawsuit against NASCAR & ISC ... http://www.motorsportforums.com/forums/images/smilies/bomb.gif
but now Kentucky Speedway stubbornly jumps into the abyss by appealing it ... http://www.motorsportforum.com/forums/images/icons/rolleyes.gif
The sad thing is that Kentucky Speedway has now destroyed any chance of getting a Cup race ! http://www.motorsportforum.com/forums/images/icons/s.gif
Don't look for the Truck Series race to return to Kentucky Speedway in 2009 either. http://www.motorsportforum.com/forums/images/icons/s.gif
Kentucky Speedway will lose ALL connections to NASCAR, it is a good track but the lawsuit ruins them. http://www.motorsportforum.com/forums/images/icons/s.gif

[Lee Roy]

The track is appealing the decision. I would imagine that the track owners are beginning to become a bit desperate.


FORT MITCHELL - The Kentucky Speedway formally notified the 6th U.S. Circuit Court of Appeals on Friday that it will challenge a federal judge’s decision to dismiss its antitrust lawsuit against NASCAR and International Speedway Corp.

“We’re moving forward,” Stan Chesley, the speedway’s lead lawyer, said Friday. “We wanted to move on that appeal as quickly as we could.”

U.S. District Court Judge William Bertelsman on Monday ruled in favor of NASCAR and ISC by dismissing the lawsuit filed by the Kentucky Speedway more than two years ago. NASCAR and ISC filed a joint motion for summary judgment last summer and on Nov. 19 the opposing sides presented arguments before Bertelsman in U.S. District Court in Covington.

The track sued in July 2005, alleging NASCAR and ISC violated federal laws by restricting which tracks host Sprint Cup (formerly Nextel Cup) races.

In an amended complaint filed last year, the speedway said it wanted to develop “objective factors” for the awarding of Cup races; for the France family to give up control of either ISC (a public company that operates tracks and whose majority of voting stock is owned by the Frances) or NASCAR (a private company owned by the Frances); and for ISC to sell at least eight of the 12 tracks it owns that host Cup events. It also sought more than $200-million in damages

http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080111/NEWS0103/301110034