Chuck Ellison

They will absolutely file a motion for judgment as a matter of law as soon as the plaintiffs rest. That’s just standard practice and they will want to ensure that if they have to appeal they can point back to both the summary judgment denial and a denial of a motion for judgment as a matter of law as errors of law. Judge Bell identified to the parties that no one should file a summary judgment on the entirety of the Teams’ case against NASCAR because he believed that there were material issues a fact that needed to go before a jury. NASCAR still went ahead did it anyway. Which I understand them doing to preserve the argument for appeal. Judge Bell has to let them file their motion even if he has no intention of granting it. Same as with that summary judgment motion.