THE NASCAR the antitrust trial ended another day. Judge Kenneth Bell doubled down on his demand to resolve the Richard Childress problem. Childress was questioned in court over a potential sale of a stake in Richard Childress Racing that fell through. This information was supposed to be released under a non-disclosure agreement.
Lawyers for 23XI Racing and Front Row Motorsports protested when the sale was discussed. They wanted to know where NASCAR’s lawyers got this information from. If it was indeed meant to be protected by an NDA, there might be a problem.
Judge Bell asked the teams to find a way to resolve the situation themselves. Now, Bell has doubled down on that demand with an added threat. If the two sides cannot reach a solution, either by revealing who provided the information to NASCAR or by reaching another agreement, the judge will make the decision himself.
“Judge Bell confirmed to the jury that the trial likely would not conclude until next week, but that NASCAR should have completed its presentation by the end of this Friday,” Adam Stern Sports Affairs Journal reports. “He also ordered the parties to resolve the dispute over the RCR sale negotiation document by tomorrow, otherwise he will issue his own order.”
Both parties must therefore find a solution. It also appears that NASCAR testing will largely conclude this Friday. However, final witness questioning and/or closing arguments could likely take place on Monday.
Richard Childress was not happy to learn that this information was in the hands of NASCAR. Child holds 60% of RCRChartwell Investments representing the remaining 40% of the property. Chartwell purchased its shares in the past, but ultimately remained committed to RCR.
Richard Childress could sue Steve Phelps, NASCAR
Depending on what decision he makes, Richard Childress could find himself in NASCAR courts again in the future. Following the famous “redneck” texts from NASCAR Commissioner Steve Phelps, Childress said he was considering legal action.
When Childress left the Charlotte courthouse Tuesday, he declined to talk about the texts. With his refusal to discuss the matter, it is clear that legal action is entirely possible. Whether or not that will happen remains to be seen, but Childress is a proud man and likely willing to continue down this path if he feels he has a decent chance of succeeding.
The NDA thing is different. It will be interesting to see what Jeffrey Kessler and Christopher Yates, and their respective legal teams, come up with to resolve the issue. Yates and NASCAR could agree to have Judge Bell make the decision, but finding a solution with Kessler and the teams would likely go a long way with the judge and jury.
