"Grant v NASCAR Settled"

The 225-million dollar payday for Mauricia Grant in her lawsuit against NASCAR will likely be MUCH less. Grant and her lawyers from Morelli Ratner PC, and NASCAR and their lawyers from Jackson Lewis went to mediation in New York a couple of weeks ago. Here's the legal boilerplate:

The lawsuit has been settled, with neither NASCAR nor Ms Grant admitting liability or wrongdoing by way of the settlement. The terms of said settlement remain confidential. Neither side will discuss the settlement, or details of the case.

A smart move on NASCAR's part. They have other, more pressing issues to deal with.

Grant v NASCAR Update

Heard from the attorneys for NASCAR (Greg Riolo) that the pre-trial conference I referenced in past posts and on my show is slated to be held on October 3 in Federal District Court in Manhattan.

We'll snoop around Auto Club Speedway in Fontana on Friday and Sunday for more.

"Lawyers, (guns) and Money"

The late Warren Zevon's anthem played through my head over the weekend, as I tried to digest a half hour of chat with Benedict Morelli, head of Morelli and Ratner, PC, who represents Mauricia Grant. Morelli made interesting points during our interview.

• Morelli reminded me that a woman almost won a major party's nomination for President; and that an African American would be so nominated. That was the basis for a contrast and comparison to what some of NASCAR's officials allegedly did to Ms Grant.
• He says his firm will depose NASCAR executives as part of the discovery process. A pre-trial meeting before Judge Deborah A. Batts, which will include NASCAR's attorneys, is slated for sometime in September. (Obviously, we'll keep our eyes on the docket at the Southern District Court in Manhattan's Foley Square for that meeting).
• He wasn't surprised that NASCAR would deny all of the allegations in the original complaint, that they would angle for a change of venue, or that they wanted the complaint dismissed and that they wanted the plaintiff (Ms Grant) to reimburse them for legal fees associated with this action. What surprised Morelli was that it took NASCAR and its attorneys about 2 1/2 months to file the answer and do so after three extensions of time.
• This case has its own blog on Blogspot: http://www.nascarlawsuit.com/
• As you have seen elsewhere, opinion on this case is mixed. Some who post comments suggest that Ms Grant filed the lawsuit simply for the money, as did NASCAR Chairman Brian France when addressing reporters at Michigan International Speedway on June 13. As you'd expect, Mr. Morelli took exception to this comment. We've produced a special podcast with those comments in their entirety, so you can hear the entire context of his answer: http://www.msrpk.com/podcast/GrantvNASCAR.rss You can type this in your podcast finder and it will download the audio file (mp3) for your listening pleasure.
• Next time we have a media opportunity with Brian France and others who represent the sanctioning body, we'll ask for his and their view of events. This week's ( Aug. 22) Race-Talk is devoted to a chat with Mr. Morelli, and will be made available as a separate podcast on August 29. Here's the link for our podcast page (please remember that Race-Talk's podcast changes each week, and is usually available for up to 6 days after the weekly release on Friday):

http://msrpk.com/podcast/podcast.htm

We'll rejoin you with more blogging from the West Coast at the IndyCar series race at Sonoma, CA.

UPDATE: We also finished a podcast for CBS News, Radio which you may see on the network affiliates' web sites. In it, I excerpt parts of the interview, and I give a timeline of events. You may wish to check the websites of your local CBS News, Radio affiliate (the ones who carry CBS News on the Hour).

"Grant v NASCAR--The Answer"

I have a copy of the sanctioning body's answer to the allegations of Mauricia Grant, which was filed today 8/8/2008 in the US Federal Court for the Southern District of NY, which is in Manhattan. Here's the short take:

The sanctioning body denies all of Ms. Grant's allegations. The answer suggests that NASCAR's counsel will want to file for a change of venue, if the case is tried. The answer also asks Judge Batts to dismiss the case in its entirety and have the Plaintiff reimburse the Defendant (NASCAR) for its legal fees.

We're still trying to get an interview with Ms Grant, or absent that, one of her attorneys. To be fair, we're also asking for input from NASCAR's attorneys. We think Ms Grant won't be available for a while, thanks to the revelations about her past driving record and encounters with the LA County (California) Justice system mentioned in the AP stories which appeared on August 7th. Interesting how coincidences occur.

Catch Up Weekend

• Laptop crashes are no fun...especially at a race track. Hence, no pix or blogging from a popular win by Bobby Rahal's driver, Ryan Hunter-Reay, at Watkins Glen International.
• EJ Viso has the mumps, and won't be racing tonight at Nashville, where Helio Castroneves is on the pole...Helio's Indy Car ship needs to be righted...and with the Captain, Roger Penske, returning to the track...the inspiration sits on the pit box.
• The NASCAR beat media has gone ga-ga over the rumor that presumptive Democratic presidential nominee Barack Obama would sponsor the BAM Racing machine in a one race deal at Pocono Raceway in August. Chris Jenkins of the AP did some homework, called the Obama campaign, and Jenkins reported the Obama campaign said (in so many words) "that dog won't hunt". I wonder whether Grant v NASCAR drove that few million dollars away.
• So Tony Stewart and Gene Haas combined to form Stewart-Haas Racing for 2009 and beyond. An interesting development...but not one that deserves the wall-to-wall coverage it is getting. On a personal business level, I wish "Smoke" great success as an owner.
• This is the first weekend of the NHRA's 1000 foot experiment...and still the nitro Top Fuel cars ran over 300 miles an hour and covered 1,000 feet in under 4 seconds at Bandimere Speedway outside Denver, the first part of the Western Swing. Shortening the distance for nitro cars an interim measure which will buy the NHRA time as their newly convened panel studies the issue on how to enhance nitro car (Top Fuel and Funny Car) safety. Bandimere has installed a cooling system under the 1/4 mile track...a first.
• Senator John Warner (R-Va.) is a distinguished public servant, who is retiring from the Senate. Warner's record in national defense issues cannot be faulted. His suggestion that the 55 mile an hour speed limit be reinstituted is not such a good idea, and, like those who oppose drilling for our own oil in our own country, relies on outdated thinking not grounded in the real world of today. In 1973, when edition one was tried, the fleet of cars on the road was mostly comprised of carbureted V8 rear wheel drive sedans. That rear wheel drive V8 configuration exists mainly in today's full size sport utility fleet. You would be hard pressed to find a new car or truck that comes with a carbureted engine. Most of the vehicles sold in the US are front wheel drive. So technology has advanced, and it will continue to do so, if driven by the market. Want proof? Look at Honda's sales numbers and compare them to sales of manufacturers that rely primarily on SUVs to make their profit in the past few months. The market will take care of the problem if it is allowed to work, by increasing supply (which means drilling for oil in United States possessions and offshore, accelerating the use of E85 and its manufacture from cellulosic ethanol, more use of bio diesel and enhancing economy with real world improvements like more five and six speed automatic transmissions on even the smallest of vehicles) to meet our demand. The drilling technology has advanced since edition one of the "energy crisis". As for conservation: it will come naturally with more real world improvements like five, six and even seven speed automatic transmissions, better fuel management thanks to direct injection, and more efficient aerodynamics. The hybrid, fuel cell and all electric vehicles are only part of the answer and should be further developed. As more five speed automatics replace older three and four speed automatic transmision cars...the efficiency will go up.
• The enforcement of a 55 mile an hour speed limit also poses a public safety issue: We need our policemen to protect us from murderers, sex offenders, robbers, and those whose actions pose a forcible threat to our lives and property. As eyewash with a 55 mile an hour speed limit, state and local governments would take cops off the job they do best--protecting our neighborhoods, since all law enforcement is local--and in essence turn them into "tax collectors" with stepped up 55 mile per hour speed enforcement operations, because that is an easier way to raise revenue than taxes. That is, unfortunately, easier for governments than actually enacting policies that facilitate an increase in supply of fuels whether locally or nationally.
• In my opinion, the ideal car (and this comes from someone who's driven more than 770 to produce a national radio program) is one that is fast, safe, functional and thrifty. That would mean the car would have to have a 9 second or faster 0-60 time; a five star front and side crash rating by the National Highway Traffic Safety Administration, seat four, carry their luggage and entertain them; not cost an arm and leg to insure and maintain and get between 20-22 miles per gallon in traffic and 30-34 miles per gallon on the highway. That is why GM's Chevy Tahoe and Yukon SUV hybrids are such an engineering feat. They won't get 30 on the highway...but to have a three ton SUV move from a standing start to almost 25 miles an hour on electric power...that is neat. There will be more on this in next week's Radio-Road-Test. You can go to our road test data page to see how mileage and acceleration function in the real world.
• All things equal, we'll resume our blogging from the Mid-Ohio Sports Car Course when the ALMS and IndyCar Series have a double header weekend next week.

The "Worldwide Leader" Posts Video of Mauricia Grant; Veteran Ed Hinton on board at ESPN.com

ESPN gets a pat on the back for this:

http://sports.espn.go.com/broadband/video/videopage?videoId=3472990&categoryId=2378529

It takes quite a few stones to do this, while maintaining the television rights for the Nationwide Series (the series she formerly helped to oversee as an official).

Also, veteran journalist Ed Hinton has been hired by ESPN.com to work on its motorsports site--you'll remember his series in the Orlando Sentinel on NASCAR safety (or lack of it) in 2001. He knows where the skeletons in the closet hide and if past form is any indication, is not afraid to throw open the door to said closet.

Sunlight is a powerful disinfectant.

Post Race Richmond...TK adapts and overcomes

Tony Kanaan got back into the IndyCar Championship mix with a dominating win at Richmond--anytime a driver leads 164 of 300 laps, that can be described as dominance. His childhood pal Helio Castroneves didn't do badly...Roger Penske's lead IndyCar pilot drove from an uncharacteristic 18th place starting position to second place on the podium...good results for both.

Series point leader Scott Dixon looked as though he'd finish fourth (where he started after getting shuffled on some pitstops). His Ganassi Racing teammate Dan Wheldon was running third...but his car hiccuped on the last lap...Dixon snuck by for 3rd...and maintains a comfortable lead in the points as the series comes to our back yard--the Watkins Glen International Road Course--next weekend. It will be the third of six races in a row...Dixon won there in 2007.

That's where we'll blog from next weekend.

You might want to bookmark this site for more takes on the 141 count Grant v. NASCAR complaint.

June 28, 2008--Pre Race Musings

I said I'd have a comment on Casey Mears's departure from Hendrick Motorsports. The genesis of this started in 2001, when he finished in the top 5 at a Champ Car race at Fontana. It was outrageous that no open wheel owner would take a chance on him--and he became yet another of those who got their start in open wheel racing to make the jump over to NASCAR. With the exception of the win at Lowe's Motor Speedway in May 2007, his NASCAR tenure has been less than stellar--equipment does have something to do with this. What would his career have been like if, for instance, he was in a Newman-Haas Champ Car, or a Menard Indy Car of that vintage? That we shall never know. Personally, I hope he lands on his feet at a contending team--Childress Racing comes to mind as an option.

John Andretti (yep, Aldo's son, Michael's cousin and Marco's uncle)--starts mid pack here tonight for Roth Racing. Scott Dixon is likely to finish better than where he starts (4th).

I'm still shaking my head as I read the Grant v. NASCAR complaint. Was that arrogance, stupidity or an overabundance of XY chromosones?

We'll update you with the winner's comments from Richmond later on.

Case#: 1-08-cv-05276-DAB
a/k/a Grant v. National Association for Stock Car Racing, Inc.

Before you start sharpshooting, I do indeed know that the official name of NASCAR is the National Association for Stock Car Auto Racing. This is the case number and title of the multi million dollar civil rights case filed in the US District Court for the Southern District of New York on June 10th. I have a PDF of the unfiled complaint, which does not have that case number. Grant is a female African American who makes a lot of allegations against her former Nationwide (at the time, Busch) Series officials. (I suspect the filed complaint differs little, if not at all, from the unfiled complaint which is available from a number of sites. (Our partner, Google, can help with that search if you are interested).

I am not in the business of reporting about unfiled allegations. However...what I saw in the complaint could have a very chilling effect on the future of NASCAR, if the case comes to a jury trial. This is a civil trial, which means that a "preponderance of evidence" is necessary for a party to prevail, unlike a criminal trial, where the prosecution must prove their arguments beyond a reasonable doubt. Ms Grant has the services of Morelli Ratner PC (Martha Martin McBrayer is the lead attorney) as the plaintiff; defendant NASCAR has retained Jackson Lewis LLP of White Plains (with lead attorneys Greg Anthony Riolo and Michael Frankel) to represent them in court. Judge Deborah A. Batts has been assigned to hear the case. Once I see the filed complaint, and compare that to the unfiled complaint, I'll most certainly have some comments, either on Race-Talk, and most definitely here.

Foley Square is not too far from Staten Island, where the idea of a NASCAR track was shot down by angry citizens. If you are trying to drive in Manhattan around the Waldorf-Astoria (site of the NASCAR Sprint Cup Awards banquet) you'll let a cuss word or twelve fly when traffic is blocked up for a photo op during early December. Unlike the company town of Daytona Beach, or even perhaps Charlotte, New York City is one of the least friendly venues for NASCAR in general; though there are significant numbers of individual fans who reside amongst the five boroughs and suburbs.

You will see some reporting on this case in the mainline auto racing media...but it won't be done with the same zeal exhibited when a star decides to switch teams. Bloggers are weighing in on either side...with most of the comments I've seen lining up squarely behind Ms Grant.

Reading a legal complaint is not beach reading. It takes a lot of concentration and also takes an eye for details. Details are what will establish a preponderance of evidence.

I didn't want you to think I was going to sweep this under a rug--you deserve better than that, and I will do my best to understand and follow developments in this case.

We'll rejoin you from Richmond, VA this weekend with IndyCar action, and comments.