Kentucky Judge Grants Summary Judgment in Favor of NASCAR in $1.2 Billion Antitrust Suit

Jan 14, 2008, 00:00 ET from Boies, Schiller & Flexner LLP

    ARMONK, N.Y., Jan. 14 /PRNewswire/ -- The law firm of Boies, Schiller &
 Flexner LLP recently secured the dismissal of all claims at summary
 judgment for the National Association for Stock Car Auto Racing ("NASCAR")
 in Kentucky Speedway, LLC v. NASCAR before Judge William O. Bertelsman in
 the Eastern District of Kentucky.
     In July 2005, Kentucky Speedway brought monopolization and conspiracy
 antitrust claims against NASCAR and its affiliate International Speedway
 Corporation ("ISC") and sought more than $1.2 billion in damages. Kentucky
 Speedway's suit had the potential to force NASCAR to change the way that it
 had been doing business for more than 50 years -- an outcome that would
 have had drastic consequences for the client's future, and could have had a
 broader impact on the freedom of other sports leagues to choose their
 membership rules and sports venues. However, a team of BS&F lawyers from
 the Firm's Armonk, N.Y.; New York, N.Y.; and Ft. Lauderdale, FL. offices
 litigated the case through the summary judgment stage, successfully arguing
 that Kentucky Speedway was a "jilted distributor" and that the plaintiff
 had failed to define a relevant antitrust market. On January 7, 2008, Judge
 Bertelsman agreed that this "is essentially a 'jilted distributor' case,"
 and that "a producer of a product is free under current antitrust laws to
 select its distributors and to refuse to deal with would-be distributors,
 no matter how worthy or deserving they may be."
     "This decision is a great outcome for our client," said Helen M. Maher
 a partner in the Firm's Armonk office, who led the litigation with Firm
 Chairman David Boies. "Courts do not lightly dismiss cases on summary
 judgment. We worked hard to achieve this result and we're proud of it."
     Boies, Schiller & Flexner LLP, founded in 1997, has become one of the
 nation's premier law firms. It has approximately 240 lawyers in offices
 located in New York, Washington, D.C., California, Florida, New Hampshire
 and Nevada. Best known for landmark cases such as United States v.
 Microsoft, Bush v. Gore, and In re Vitamins, the firm represents some of
 the largest and most sophisticated organizations in the world in their most
 important matters. Chambers USA, the leading international guide to law
 firms, has reported on the firm's "'exceptional' reputation," and called
 its practice "nationally renowned." The firm has been described by The Wall
 Street Journal as a "national litigation powerhouse," by the National Law
 Journal as "unafraid to venture into controversial" and "high risk"
 matters. Boies, Schiller & Flexner can be visited on the web at

SOURCE Boies, Schiller & Flexner LLP