Judge Kenneth Bell bars FOX executive from testifying as NASCAR witness in antitrust trial
Earlier this afternoon, Judge Kenneth Bell informed NASCAR that he would not allow a witness to testify at trial. The move might be seen as controversial by those watching the trial from the outside. It is also going to be a point of contention that could later come up in an appeal.
Prior to breaking for lunch, Judge Bell addressed the issue. He will not allow FOX Sports executive Jordan Bazant to testify for NASCAR in the trial.
According to Adam Stern of Sports Business Journal, NASCAR attorney Christopher Yates was not thrilled with the ruling. He said he wanted “to make note” of his disagreement with the ruling. Judge Bell told him that his disagreements can be taken up with the court of appeals. The jury was not present for this conversation.
Should NASCAR lose at trial, they are likely going to appeal. That was always the case for either side. The teams would likely appeal as well if they were to lose. However, this might be the first example we have of an issue in the trial that could legitimately be brought up.
Bazant was reportedly going to testify to FOX‘s contract with NASCAR. If NASCAR no longer provides premier stock car racing, and a competitor arises, then FOX could pay NASCAR less.
According to Matt Weaver of Motorsport, Judge Bell gave a reason for why he blocked Bazant. Bell feels that “it’s not additive to the dispute at hand.”
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This is a pretty major point of contention. However, the judge has made his ruling, and that is going to be final in this trial. On appeal…who knows?
NASCAR trial: Teams end arguments, NASCAR beings
With the cross-examination of Jim France finished this morning, NASCAR began its arguments in the trial. As antitrust attorney Rakesh Kilaru explained in an exclusive interview with 5GOATs, Defendants generally don’t need as long in trial as Plaintiffs.
By the time the Defense begin arguments, they have cross-examined and therefore disputed every witness the Plaintiffs have called up. On top of that, things could get redundant and drawn out if the Defendants had as much time as the Plaintiffs. This isn’t a NASCAR trial thing; it is just a trial thing. With the burden of proof on the Plaintiffs, the Defendants don’t have to prove anything.
So, NASCAR will try to finish up its arguments for the trial by Friday. If closing arguments happen on Friday remains to be seen, even if they can get through all of the witnesses. Time is perhaps not a concern as far as an appeal goes, but we might see this decision to bar Bazant come up soon after the trial finishes.