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Kentucky Speedway, LLC v. Nat'l Ass'n of Stock Car Auto Racing, Inc., No. 08-5041

By FindLaw Staff on December 11, 2009 | Last updated on March 21, 2019

In an action against NASCAR and an affiliated company that owns multiple racetracks, alleging violation of federal antitrust laws by not sanctioning a Sprint Cup race at plaintiff's racetrack and preventing them from purchasing other racetracks that already host such a race, summary judgment in favor of defendants is affirmed where: 1) the district court did not abuse its discretion in excluding two experts' reports and deposition testimonies as being unreliable under Daubert; 2) without expert testimony, plaintiff lacks the ability to define the relevant markets necessary to succeed on its claims; and 3) plaintiff cannot demonstrate that NASCAR and the affiliate are legally capable of conspiring with each other or that its failure to obtain a Sprint Cup race constitutes an antitrust injury.     

Read Kentucky Speedway, LLC v. Nat'l Ass'n of Stock Car Auto Racing, Inc., No. 08-5041

Appellate Information

Argued: July 30, 2009

Decided and Filed: December 11, 2009


Opinion by Circuit Judge Gilman


For Appellant:   Charles Frederick Rule, Cadwalader Wickersham & Taft LLP

For Appellee:    David Boies, Boies Schiller & Flexner LLP

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