The Sporting News is reporting that attorneys for NASCAR have requested that Judge Graham Mullen of the U.S District Court rule in their favor and against Jeremy Mayfield based on the information that has already been filed in the case. In non-legal terms they are asking for the game to be stopped before it starts.
With a real court date still nearly a year away (Sept 2010), this is a bit of legal wrangling that could, if acted upon by the judge, save everyone some time. NASCAR’s attorney’s are arguing that based on the pleadings and filings by both sides up to this point, that the case should be decided now, rather than dragging it out any further. It is a bold move, and one that we don’t see having much hope of working.
We’re confident that this will never actually reach the point of a trial because NASCAR has too much to loose and will get cold feet when the defense team starts to subonea sensitive information that they don’t want the public to find out about. An out of court settlement will be reached at some point before September 2010, but until then, the drama continues.