NASCAR lawsuit could move to Florida

A federal judge said Wednesday he would decide soon whether to transfer Kentucky Speedway's $400 million antitrust lawsuit against NASCAR to a federal court in Florida. U.S. District Judge William Bertelsman heard oral arguments from both sides Wednesday in U.S. District Court in Covington.

NASCAR, which filed the motion to change the venue, argues that the racetrack near Sparta in Gallatin County agreed to litigate all disputes in the U.S. Middle District of Florida when it signed 11 different contracts with the Daytona Beach, Fla.-based auto racing organization from 1999 to 2005.

Kentucky Speedway argues that the consequences of NASCAR's alleged antitrust activity directly affect Kentucky Speedway and Kentucky, which also has spent money on infrastructure near the track. The case should remain in the Eastern District of Kentucky because the preference of the plaintiffs should have more weight than the choice of the defendants, said Arthur Miller, a Harvard law professor and one the Speedway's lawyers.

Kentucky Speedway sued NASCAR and International Speedway Corp. in July, alleging they kept the track from getting a lucrative Nextel Cup race.

The lawsuit says NASCAR and International Speedway are controlled by members of the France family, whose patriarch, Bill France, started NASCAR. Tracks affiliated with International Speedway host 20 of the 38 Nextel Cup series events.

The speedway is asking for $400 million in damages and wants NASCAR to establish a competitive bidding process for Nextel Cup races. More at Cincinnati Post