Kentucky-NASCAR hearing set for July 30
By Bob Pockrass - Associate Editor
Thursday, May 28, 2009
A three-judge U.S. Court of Appeals panel will hear oral arguments in the Kentucky Speedway founders’ antitrust lawsuit against NASCAR and International Speedway Corp. at 9 a.m. July 30 in Cincinnati.
Decisions on appeals typically come anywhere from three weeks to six months after the oral arguments in the Sixth Circuit Court of Appeals.
Speedway Motorsports Inc. bought Kentucky Speedway last December, and Chairman Bruton Smith wants to realign one of his Sprint Cup races to the 1.5-mile oval. But NASCAR has said it would not consider a realignment request until the case is resolved. Without a settlement, no resolution can come until August, and NASCAR already has said it is getting late in the process for a formal realignment request to be made.
When SMI bought the track, the founders retained their rights to pursue their lawsuit, which alleges that the France-owned sanctioning body of NASCAR illegally conspires with the publicly traded, France-controlled track operating company ISC to keep tracks such as Kentucky from obtaining Cup dates. SMI is considered a co-conspirator in the case.
A U.S. District Court judge ruled in January 2008 that there was not enough evidence for trial, and the case is now in the U.S. Court of Appeals. If the Kentucky Speedway founders win the appeal, the case would go back to U.S. District Court for trail. If the district court judge’s decision is affirmed, the case is likely over, although an appeal to the U.S. Supreme Court is still an option.
SMI currently has two Cup races at Lowe’s Motor Speedway, Bristol Motor Speedway, Texas Motor Speedway, Atlanta Motor Speedway and New Hampshire Motor Speedway. Atlanta and New Hampshire are considered the two candidates that could lose a race.
Smith said earlier this month he has had discussions with NASCAR about where he would move the date but has not filed the formal request “because when I do, then I will have to name the place and that type of thing, and I have not done that. That will do a lot of damage to a lot of people if I sat here [and speculated].”
Popular News
-
PRESEASON PREDICTIONS: Which Sprint Cup star will snap his long winless streak first?
Comments (188) -
For Dale Earnhardt Jr., life as an Earnhardt is not easy, especially when you're not winning
Comments (139) -
Jeff Owens: Should RCR’s black No. 3 return to NASCAR’s Cup series?
Comments (120) -
Hendrick Motorsports’ Mark Martin more prepared mentally and physically for 2010
Comments (105) -
Dale Earnhardt Inc. plans for Jeffrey Earnhardt still in flux
Comments (96)
Recent Headlines
-
SEASON PREVIEW: Mike Skinner optimistic about 2010 prospects
Comments (1) -
SEASON PREVIEW: Camping World Truck Series top-20 rankings
Comments (3) -
Josh Wise to drive in Nationwide Series for Specialty Racing
Comments (2) -
HBO’s ‘24/7 Jimmie Johnson’ documentary series expected to shift into high gear tonight
Comments (27) -
SEASON PREVIEW: Roush Fenway Racing’s Carl Edwards hungry to regain place among Sprint Cup’s elite
Comments (14)
Poll PositionView All
After qualifying and the Budweiser Shootout, who is the favorite to win the Daytona 500?
Promotions
-
Tweet your thoughts about each race and join the conversation with other fans.
-
Drive an authentic NASCAR Sprint Cup car at the NASCAR Racing Experience.
Comments
4 responses to "Kentucky-NASCAR hearing set for July 30". Post a Comment.
jon360 said:
May 28, 2009 at 1:02 PMIf I ever build a track that is something that I think is "NASCAR worthy" I wouldn't take them to court to try and force them to add a race at my brand new track.
Report as AbuseI really don't understand people that build tracks and then suddenly expect -- nay, demand -- NASCAR to take a race date away from some other track just so I can get money out of my speculatory investment. It shows that the people that build tracks under such expectations have absolutely no understanding of the NASCAR series, which is idiotic behavior. And is an insult to the other track owners, operators, and spectators -- regardless of who those owners may or may not be.
Report Abuse
This feature is intended to allow you to report comments that are abusive in terms of foul/vulgar language, harassment, racial/religious prejudice and any words/phrases of a related nature. This feature should not be used to report users who simply make a comment about your favorite driver, with which you do not agree. Commenting is a forum in which we can all express our opinions. Reporting abuse of others should be done with this in mind.
» Confirm Abuse Reportkeith308 said:
May 28, 2009 at 5:19 PMPlain and simple, NASCAR has a lock on NASCAR racing and owns most of the speedways and collectables. Kind of like the oil companies with our $2.35 gas and going up again. When companies buy up or own more that they should this is what you get. There were laws in this country years ago that would stop this but we all know $ what happened.
Report as AbuseReport Abuse
This feature is intended to allow you to report comments that are abusive in terms of foul/vulgar language, harassment, racial/religious prejudice and any words/phrases of a related nature. This feature should not be used to report users who simply make a comment about your favorite driver, with which you do not agree. Commenting is a forum in which we can all express our opinions. Reporting abuse of others should be done with this in mind.
» Confirm Abuse ReportWerner said:
May 28, 2009 at 6:15 PMwhat a waste of the courts time...
Report as AbuseReport Abuse
This feature is intended to allow you to report comments that are abusive in terms of foul/vulgar language, harassment, racial/religious prejudice and any words/phrases of a related nature. This feature should not be used to report users who simply make a comment about your favorite driver, with which you do not agree. Commenting is a forum in which we can all express our opinions. Reporting abuse of others should be done with this in mind.
» Confirm Abuse ReportPhoenix987 said:
May 28, 2009 at 6:51 PMCup date in 2010?
Report as AbuseNot gonna happen if the hearing isn't until July 30. By then next year's schedule will be finalized.
I think the Kentucky track has some of a case, but since NASCAR has their own regulations and everything, they can do what they want. I don't see the owners winning, but it will be interesting at least.
Report Abuse
This feature is intended to allow you to report comments that are abusive in terms of foul/vulgar language, harassment, racial/religious prejudice and any words/phrases of a related nature. This feature should not be used to report users who simply make a comment about your favorite driver, with which you do not agree. Commenting is a forum in which we can all express our opinions. Reporting abuse of others should be done with this in mind.
» Confirm Abuse Report