2019 Robby Gordon Headquarters
Sadler files lawsuit to stay behind the wheel of the #19
Elliott Sadler plans to sue Gillett Evernham Motorsports to stay in the No. 19 Dodge through the end of his contract, which runs through 2010, his attorney told ESPN on Monday.
"Our objective is to get in the car and race for them," said Sadler's lawyer, John Buric. "We have a contract with them. We intend to enforce that contract."
SadlerBuric said the lawsuit would be filed in Iredell County, N.C., Superior Court within the next week to 10 days unless a settlement is reached. Buric filed a notice of intent to sue for breach of contract when Salder learned through a sponsor that he would be replaced by A.J. Allmendinger.
Sadler says he still hasn't been told by anyone at GEM they intend to change drivers.
"We got a phone call that says basically they want to buy him out of his contract," Buric said. "We said we don't want to be bought out. Elliott has a contract that doesn't expire until the end of 2010. He intends to race in 2009 and 2010."
GEM officials did not comment.
Buric filed an "application and order extending time to file complaint" on Dec. 31. Sadler has until Jan. 20 to file a complaint unless he and GEM settle the dispute.
Sadler plans to seek "injunctive relief" as well as "general, consequential, treble and punitive damages."
Gillett Evernham Motorsports, team owner George Gillett, Ray Evernham Enterprises and Allmendinger are named as defendants.
Sadler's lawyer says his client learned on Dec. 30 that GEM had begun negotiating with Allmendinger to drive the No. 19 this season. Sadler signed a multiyear extension in 2008 to drive the car through 2010.
Buric admits there was "communication" with Sadler indicating that a change was being considered but they were unaware that actual negotiations had begun with another driver until media reports surfaced.
ESPN.com reported that GEM CEO Tom Reddin told team employees and sponsors of the driver change just before Christmas. According to team sources, some sponsors now are considering leaving. GEM spokesperson Drew Brown declined comment.
Sadler joined Evernham Motorsports midway through the 2006 season after leaving Robert Yates Racing. He posted a top-10 finish in his first race, but has had only 11 top-10s in the past 85 starts. He has three wins in 357 starts with 18 top-five finishes and 63 top-10s.
Sadler finished 25th in points in 2007 and 24th last season.
A rookie in 2007, Allmendinger drove for Red Bull Racing through Kansas this season before being released in favor of Scott Speed. Allmendinger made one start for Michael Waltrip Racing before a five-race stint with GEM.
He has two top-10 finishes in his 44-race career. Allmendinger won the Sprint Showdown to earn a berth in the All-Star Race in May.
After his release in late September, Allmendinger competed in the final five 2008 races for GEM, replacing Patrick Carpentier in the No. 10. Allmendinger posted an average finish of 16.4 during that stretch, compared with an average finish of 31.8 for Sadler.
NOTE: If Sadler wins this suit it would totally change the landscape of Nascar contracts. This would prevent any team from releasing a driver before his contract runs out, expect a huge change in the language of driver contracts if Sadler wins. It's highly doubtful Sadler will win with GEM anting to pay a buyout.
"Our objective is to get in the car and race for them," said Sadler's lawyer, John Buric. "We have a contract with them. We intend to enforce that contract."
SadlerBuric said the lawsuit would be filed in Iredell County, N.C., Superior Court within the next week to 10 days unless a settlement is reached. Buric filed a notice of intent to sue for breach of contract when Salder learned through a sponsor that he would be replaced by A.J. Allmendinger.
Sadler says he still hasn't been told by anyone at GEM they intend to change drivers.
"We got a phone call that says basically they want to buy him out of his contract," Buric said. "We said we don't want to be bought out. Elliott has a contract that doesn't expire until the end of 2010. He intends to race in 2009 and 2010."
GEM officials did not comment.
Buric filed an "application and order extending time to file complaint" on Dec. 31. Sadler has until Jan. 20 to file a complaint unless he and GEM settle the dispute.
Sadler plans to seek "injunctive relief" as well as "general, consequential, treble and punitive damages."
Gillett Evernham Motorsports, team owner George Gillett, Ray Evernham Enterprises and Allmendinger are named as defendants.
Sadler's lawyer says his client learned on Dec. 30 that GEM had begun negotiating with Allmendinger to drive the No. 19 this season. Sadler signed a multiyear extension in 2008 to drive the car through 2010.
Buric admits there was "communication" with Sadler indicating that a change was being considered but they were unaware that actual negotiations had begun with another driver until media reports surfaced.
ESPN.com reported that GEM CEO Tom Reddin told team employees and sponsors of the driver change just before Christmas. According to team sources, some sponsors now are considering leaving. GEM spokesperson Drew Brown declined comment.
Sadler joined Evernham Motorsports midway through the 2006 season after leaving Robert Yates Racing. He posted a top-10 finish in his first race, but has had only 11 top-10s in the past 85 starts. He has three wins in 357 starts with 18 top-five finishes and 63 top-10s.
Sadler finished 25th in points in 2007 and 24th last season.
A rookie in 2007, Allmendinger drove for Red Bull Racing through Kansas this season before being released in favor of Scott Speed. Allmendinger made one start for Michael Waltrip Racing before a five-race stint with GEM.
He has two top-10 finishes in his 44-race career. Allmendinger won the Sprint Showdown to earn a berth in the All-Star Race in May.
After his release in late September, Allmendinger competed in the final five 2008 races for GEM, replacing Patrick Carpentier in the No. 10. Allmendinger posted an average finish of 16.4 during that stretch, compared with an average finish of 31.8 for Sadler.
NOTE: If Sadler wins this suit it would totally change the landscape of Nascar contracts. This would prevent any team from releasing a driver before his contract runs out, expect a huge change in the language of driver contracts if Sadler wins. It's highly doubtful Sadler will win with GEM anting to pay a buyout.
Views: 42
Replies to This Discussion
-
Permalink Reply by Beagle7 on
-
Note to Elliot Sadler and his lawyers...you're not going to get specific performance as a remedy in this contract suit you dumb ass Virginia hick...
-
Permalink Reply by James Lepich on
-
i said it before, i'll say it again. Elliott Sadler is a pile of SHIT! nuff said
-
Permalink Reply by gorobbygo7 on
-
Thank GOD Robby was smart enough to jump off this ship before the rats fled. GEM, the new POS of NASCAR
-
Permalink Reply by Bigzoom on
-
Well, I understand everyone's opinion about the performance clause but, what kills that clause is the fact they recently signed a 2-year extension in May, basically saying his performance was good enough for 2 more years based on when the contract was signed. Also, both sponsors Best Buy & Stanley recently signed extensions in Nov. with the assumption Elliott Sadler was the driver and has expressed they both may pull their sponsorship for 2009...probably another law suit.
One report states GEM wants to offer a buyout, but if the dollar amount can't be reached and Petty merges with GEM Sadler could move to the #43.
-
-
oh I am not talking anyperformace clause in the contract, I am talking about the remedy of specific performance, which is not available for personal services contracts, which this is.
Believe me, GEM owes Sadler a $@$#load of money, but a court will not "make" GEM put Sadler behind the wheel of a car. That is not an approproate remedy, especially here where damages are easily ascertainable in monetary form.
If the roles were revresed, could GEM sue to force Elliot to drive 2 more years? lol No...but Elliot would owe a lot of damages
-
Permalink Reply by john mcglasson on
-
Elliot has a big head, he knew there was talk of replacing him, but didn't believe it could actually happen, but he's but cut loose for a far, FAR better driver, and nobody's ringing his phone. All the money in the world can't make Elliot the driver he thinks he is. Stick to golfing Elliot, return the private jet and get used to the chairs on the SPEED set. Good riddance.
Latest Activity
Save The Planet!
© 2024 Created by TOG.
Powered by
