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BSF Successfully Defends NASCAR in Sixth Circuit Appeal

December 11, 2009

Download: 6th Circuit Opinion Affirming Summary Judgment (PDF, 57.89 K)

In a unanimous decision released December 11, 2009, the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment in favor of BSF clients NASCAR and International Speedway Corp. (ISC) in Kentucky Speedway's antitrust case; Kentucky Speedway has since decided to drop its lawsuit and not seek further appeal of the Sixth Circuit’s opinion.

In July 2005, Kentucky Speedway brought monopolization and conspiracy claims against NASCAR and its affiliate ISC seeking more than $1.2 billion in damages. The Eastern District of Kentucky, Northern Division granted summary judgment to NASCAR and ISC stating that Kentucky Speedway was similar to a "jilted distributor" and had failed to define relevant antitrust markets and establish that Kentucky Speedway had suffered antitrust injury. The judge awarded summary judgment to NASCAR and ISC on all claims. The Court of Appeals affirmed the exclusion of plaintiff's expert witnesses and the district court's decision that plaintiff had not offered support to a market consisting only of NASCAR cup races.

Please click onto the links below for media coverage., December 21, 2009
Kentucky Speedway founders drop antitrust case

Associated Press, December 18, 2009
Former track owners abandon NASCAR lawsuit, December 18, 2009
Former Kentucky Speedway owners drop appeal; NASCAR Sprint Cup race ahead?

The Am Law Litigation Daily, December 14, 2009
A Day at the Races: In Antitrust Appeal Studded with Big-Firm Litigators, Sixth Circuit Rules for Nascar, December 11, 2009
Former Speedway owners lose

Hampton Roads News, December 11, 2009
Appeals court rules against Kentucky Speedway in antitrust suit vs. NASCAR, ISC

Associated Press / ESPN, December 11, 2009
Court rejects Ky. Speedway suit against NASCAR

Yahoo! Sports News, December 11, 2009
NASCAR wins appeals case over Kentucky Speedway

Daytona Beach News Journal, December 11, 2009
Appeals courts sides with NASCAR in antitrust case

Scene Daily, December 11, 2009
Appeals court sides with NASCAR in Kentucky Speedway case

Associated Press, July 30, 2009
Appeals court hears arguments in Ky. NASCAR suit

Cincinnati Enquirer, July 30, 2009
Arguments heard on NASCAR lawsuit

NASCAR Scene, July 30, 2009
Kentucky Speedway Founders, NASCAR Spar Over Cup Dates

Sports Illustrated, July 30, 2009
Appeals court hears arguments in Ky. NASCAR suit

Related Lawyers: David Boies, Stuart H. Singer, Helen M. Maher, William T. Dzurilla, , Michael M. Merley, , Jack Wilson

Related Practices: Litigation, Sports Law

Download: 6th Circuit Opinion Affirming Summary Judgment (PDF, 57.89 K)