Schwantz v. COTA Heading to Trial in February 2014

12/17/2013 @ 10:39 am, by Jensen Beeler10 COMMENTS

Schwantz v. COTA Heading to Trial in February 2014 kevin schwantz cota scott jones 635x422

Last year’s Grand Prix of the Americas was marred by the dispute between Kevin Schwantz and the Circuit of the Americas, which saw the former GP Champion accusing the new MotoGP circuit of cutting him out of a deal with Dorna, the media rights holder to MotoGP.

The legal dispute has simmered since the MotoGP race, but it is unfortunately finding a new spotlight now, as a court date has been set. Scheduled February 10, 2014 as a ten-day trial, Schwantz and COTA will get to argue their claims before a jury of their peers in Austin, Texas.

In the suit, Schwantz alleges that COTA, and its former President Steve Sexton, tortiously interfered with their contract with 3FourTexas (Schwantz’s company), as well as fraudulently misrepresented themselves.

COTA is counter-suing Schwantz, claiming that 3FourTexas misrepresented its promotional right to both to COTA and Dorna. In its suit, COTA is seeking attorney’s fees and costs for litigation.

The deciding factor in these claims for both sides will surely rest on the validity and performance of the contract between 3FourTexas, COTA, and Dorna.

Time will tell where the law resides between all the parties, and it doesn’t look like a resolution is in sight before the scheduled court date.

That being said, it seems the fiasco will once again overshadow the running of the Grand Prix of the Americas, which is scheduled for April 13th.

Source: American-Statesman; Photo: © 2013 Scott Jones / Scott Jones Photography – All Rights Reserved

Comment:

  1. Norm G. says:

    LLLLLLET’S GET READY FOR OWNAGE…!!! (Michael Buffer voice)

  2. Bob says:

    Does Sexton’s exit from his exec position, in November, have anything to do with this?

  3. Bruce Monighan says:

    These are always sticky deals. Attorneys can fabricate any fact from words in or not in an agreement. That said it is clear that Schwantz was in the deal early and had a lot of pull with DORNA to bring the GP to Austin. Where it ends is legal land.

    That said I have no intention of going back to my favorite city Austin, or going to the COTA track or attending a Moto GP there until it is settled and COTA is treating Schwantz with more respect. For them to ban him from the track last year was shameful. I canceled my trip last year and will stay away until there is a respectful outcome.

  4. TexusTim says:

    K.S. tirelessly promoted the race track when it was just dirt and cow paddies..he came to “wild bills” many times to meet with homeowners and landowners to get them on board then met with Dorna to get the gp race here for ten years…the investers knew there was a deadline and stalled it so they could go and cut him out of the deal…then they insult him on a global stage when they threw him off the track…I hope he wins, I pray he wins…but it will be very hard now that Austin feels like they made all this happen with the Mcombs people..K.S. was isntrumenatal even in the design so it would be motorcycle friendly and now he will get his day in court..I would love to sit in on this trial and hear just what B.S. the group will throw at the wall.GIVE EM HELL KEVIN !! GIVE EM HELL…O and he doesnt us the rear brake either….bawawawawawhaha

  5. Jw says:

    Goes to show how much money and greed is involved in this sport. No matter the outcome.. This will not rest well for the sport unfortunately. I wouldn’t be surprised if this settles in the 11th hour.

  6. L2C says:

    “Possession is nine-tenths of the law.” Schwantz is going to need all the help he can get. The strength of his claim and his ability to support it is was this trial will be all about. And considering that he has been the loudest barking dog in this fight, he had better hope that he’s not just some toothless canine barking up the wrong tree.

    “In the suit, Schwantz alleges that COTA, and its former President Steve Sexton, tortiously interfered with their contract with 3FourTexas (Schwantz’s company), as well as fraudulently misrepresented themselves.”

    Good luck with proving that.

  7. Norm G. says:

    re: “And considering that he has been the loudest barking dog in this fight, he had better hope that he’s not just some toothless canine barking up the wrong tree.”

    he’s not. he already posted copies of the sign documents (THEY gave him) to social media several months ago as a response to when they were trying to clown him. to this point he was being a gentleman. Ezpelata’s signature was on it. my client has a case. (attorney voice)

    they keep f#@kin’ around and kev’s gonna end up owning THE WHOLE DAMN CIRCUIT, or at least have a corner named after him.

    CRY FOUL AND UNLEASH THE DOGS OF WAR…!!!

  8. Norm G. says:

    re: “I wouldn’t be surprised if this settles in the 11th hour.”

    the “11th hour” came and went 11 hours ago. empathy was yesterday, today they’re wasting his time…

  9. Norm G. says:

    re: “but it will be very hard now that Austin feels like they made all this happen with the Mcombs people”

    it’s a good job “feelings” don’t mean dikk in the context of jurisprudence and a court of law. in contrast, signed documents are the equivalent of DEATH and TAXES.