23XI statement on not signing Charter agreement

AlTerego said:
I hope Kessler’s comments are more than just theatrics & indicate a trial will take place. I want to see clear winners & losers when it’s all over regardless of the outcome.
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Considering you have a failed stick n ball franchise owner's legal crew who couldn't wait a week of so for the judgement, it sounds about right they would be yapping asap, attempting to try their case in the court of public opinion. Seems unprofessional to me.
 
AlTerego said:
I hope Kessler’s comments are more than just theatrics & indicate a trial will take place. I want to see clear winners & losers when it’s all over regardless of the outcome.
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Five weeks to go before the trial. Plenty of time for posturing, and I wouldn't rule out a settlement yet.

Oh, and by the way,

PAGE 100!!! :puffin:
 
StandOnIt said:
Pretty sure that leak didn't come from the Nascar side, it was interesting for sure, but I can't help but think this was leaked intentionally.
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Yep, Kessler playing the set up game. Start yapping and trying to influence potential jurors while positioning his clients as the righteous brothers marching for FAIRNESS. Such dribble. Hope a jury drop kicks Kessler, Jordache and Hamcrap into bankruptcy.
 
Conover said:
Yep, Kessler playing the set up game. Start yapping and trying to influence potential jurors while positioning his clients as the righteous brothers marching for FAIRNESS. Such dribble.
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Just me but I suspect more people have heard about the NBA betting scandal in the last two days than have heard about this lawsuit in the last year. I think they'll easily find jurors who don't know much about this suit other than maybe its existence.
 
StandOnIt said:
Pretty sure that leak didn't come from the Nascar side, it was interesting for sure, but I can't help but think this was leaked intentionally.
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Conover said:
Yep, Kessler playing the set up game. Start yapping and trying to influence potential jurors while positioning his clients as the righteous brothers marching for FAIRNESS. Such dribble. Hope a jury drop kicks Kessler, Jordache and Hamcrap into bankruptcy.
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Are you guys certain that the summary judgement hearing was behind closed doors? The legal briefs are public, and have been widely reported. I'd think the oral arguments would be heard in open court. Or is it just more fun to talk about leaks... as if judicial decisions (due in two weeks) are some deep, dark secret?

I'm very eager to see how Judge Bell handles the issue of relevant market. If he leaves that decision to the jury... would make things highly entertaining at trial.
 
LewTheShoe said:
Are you guys certain that the summary judgement hearing was behind closed doors? The legal briefs are public, and have been widely reported. I'd think the oral arguments would be heard in open court. Or is it just more fun to talk about leaks... as if judicial decisions (due in two weeks) are some deep, dark secret?
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Sure looked like sensitive details to me were discussed. I have never read any of this until now. Of course Hamlin is in the article mouthing off to the press also.

In court on Thursday, NASCAR produced newly publicized evidence from discovery to make its point that there was a cartel conspiracy to force NASCAR to reach unfavorable terms with the teams.

This included a text message thread in which Polk said the following about his end goal concerning negotiations with NASCAR:

"(Jim France) will realize WE are united, WE are organized, WE have a plan and he will see that without giving us something meaningful, the lack of harmony will harm him eventually."

In a text message to Joe Gibbs Racing president Dave Alpern:

"I thought the goal is to show (not say this directly) you can have all the one-on-one meetings you want. These 16 teams are together and they want the Charter renewal process addressed in a certain way ..."

NASCAR also produced a hand-written note from Polk to himself:

"We need to stick together (and) not get picked off one by one ... we can provide talking points ... No decisions will be made (without) coming back to this group."

In a November 17, 2022 text message, Polk told Jordan they needed to 'educate' smaller teams on why taking certain deals wouldn't work for the entire collective. This was in reference to Petty GMS Racing, Kaulig Racing, Front Row, Wood Brothers Racing, Spire Motorsports, Rick Ware Racing, JTG Daugherty and Live Fast Motorsports.

"NASCAR has been going to the smaller teams and saying they offered (REDACTED) million per team which on its surface sounds great to these teams. So we need to educate them as to why that would never been accepted by ALL the teams (because) it’s not equally distributed and would not change where we are much in 2025 ..."

There were also text messages from August 30, 2022 where Polk said, 'I got all 16 owners to vote for our recommended approach (even Penske)' and 'I strongly told (Rick Hendrick) how damaging that would be to the process because it would embolden Jim France to think he could go around the negotiating committee and get his way.'

The point of this text was to illustrate that Polk had convincing sway over the other team owners, or in the words of NASCAR, was the leader of a cartel conspiracy.
 
LewTheShoe said:
I'm very eager to see how Judge Bell handles the issue of relevant market. If he leaves that decision to the jury... would make things highly entertaining at trial.
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This. As my bro-in-law says, "I feel strongly both ways."

One of the big draws of stock car racing is beatin', bangin', and blocking, actions that draw penalties in F1, IndyCar, and IMSA. Are stage breaks and playoff formats enough to separate NASCAR? How about the length of races, or the sheer number of events? Is the qualifying format and single main race enough to separate it from dirt racing's heats? Is drag racing different enough to be considered a different market? Monster trucks? Motocross? Those are just the possible comparisons I can see; I'm sure the highly paid firms can do better.

I look forward to the wranglings on this subject.
 
A number of owners and drivers have competed in other racing series and race tracks, some even own other racing series outright. The but he's Michael Jordan and he only wants to compete in NAscar is hilarious.
 
StandOnIt said:
A number of owners and drivers have competed in other racing series and race tracks, some even own other racing series outright.
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Agreed, but how much of what teams use for NASCAR racing can be used to compete in those other series? We know the cars can't. Was Haas able to leverage anything from SHR when getting into F1? To steal from the judge, if I'm selling coffee to NASCAR, do I own anything I can use to useable to sell tea to IndyCar?

I'm not sure how much competing in other series will matter, especially where the drivers are concerned. Where's the line between business and hobby? Without NASCAR's involvement, would Hendrick have fielded a Le Mans car? Would Larson have tried the I500 if HMS wasn't confident he'd get a waiver when he missed Charlotte? Cup drivers have run the Rolex 24, but IMSA is arguably an arm of NASCAR.

I don't know the answers and don't expect anyone here to. I'm tossing out questions that may come up.
 
Charlie Spencer said:
Agreed, but how much of what teams use for NASCAR racing can be used to compete in those other series? We know the cars can't. Was Haas able to leverage anything from SHR when getting into F1? To steal from the judge, if I'm selling coffee to NASCAR, do I own anything I can use to useable to sell tea to IndyCar?

I'm not sure how much competing in other series will matter, especially where the drivers are concerned. Where's the line between business and hobby? Without NASCAR's involvement, would Hendrick have fielded a Le Mans car? Would Larson have tried the I500 if HMS wasn't confident he'd get a waiver when he missed Charlotte? Cup drivers have run the Rolex 24, but IMSA is arguably an arm of NASCAR.

I don't know the answers and don't expect anyone here to. I'm tossing out questions that may come up.
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What in the hell difference does that make? You can't even change a class in many motorsports to have to completely build a different car. This isn't about changing shoes.
 
The only way Jordan can take the Next Gen somewhere else and race it would be if he or others created their own series....hmmm. For the umpteenth time there isn't any racing series in existence where this car would be legal much less competitive. Stick n ball Judge Bell might not have a problem with that, but I would imagine the district court would.
 
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