Judge rejects appeal in Kentucky Speedway lawsuit

By Bob Pockrass
Tuesday, March 14, 2006

U.S. District Court Judge William O. Bertelsman rejected International Speedway Corporation's request for an immediate appeal on his decision to keep Kentucky Speedway's antitrust lawsuit against NASCAR and ISC in Kentucky.

ISC wanted permission to immediately appeal the issue to the U.S. Court of Appeals. Bertelsman, in an opinion issued Monday, denied that request.

Bertelsman wrote that by limiting the time for both sides to gather information until February 2007 (a relatively short time period for antitrust cases), the issues in the case will be narrowed quickly. He has required Kentucky Speedway to amend its complaint against ISC and NASCAR with specific antitrust issues after the discovery deadline. After that, both sides can ask for a summary judgment - for him to make a decision on the facts of the case before it goes to trial.

"The summary judgment process, if not entirely disposing of the litigation, will narrow the issues and make it more manageable," the judge wrote.

ISC can still use the venue issue as a basis for an appeal after the case is decided in Kentucky.

Kentucky Speedway, which plays host to Craftsman Truck Series and Busch Series races, is suing NASCAR and ISC saying they illegally conspire to keep non-ISC tracks from having Nextel Cup races.

NASCAR, the sanctioning body, is a private company owned by the France family. ISC, which owns more than half of the tracks where Nextel Cup events are held, is a publicly owned company whose majority of stock is owned by the France family. Both NASCAR and ISC deny Kentucky's claims.

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