CHICAGO-November 16, 2004 – Stephen J. Siegel and John F. Shonkwiler recently obtained a dismissal of all claims alleged against Roush Corporation, d/b/a Roush Racing, in a lawsuit in the United States District Court for the Northern District of Illinois.
Roush Racing operates motor sports teams, including five NASCAR racing teams that compete in the Nextel Cup and Busch Series. Roush Racing’s NASCAR teams are lead by drivers Mark Martin, Matt Kenseth, Kurt Busch, Greg Biffle and Carl Edwards.
The suit, brought by Weston Griffith, Jr., alleged claims against Roush and co-defendant Glen Wood Company relating to the alleged use of certain racing equipment leased from the Plaintiff’s company. Roush moved to dismiss the complaint on the grounds that the Court lacked personal jurisdiction over it. By an Order entered October 26, 2004, Federal District Judge Samuel Der-Yeghiayan granted the motion and dismissed the case against Roush in its entirety.
Judge Der-Yeghiayan found that notwithstanding Roush’s participation in several auto races in Illinois over the past few years, Roush was not “doing business” in Illinois or otherwise subject to personal jurisdiction there. The Court concluded that Plaintiff failed to show Roush “attempted to conduct sales in Illinois or maintain offices in Illinois or engage in the type of permanent and continuous activity” that would establish jurisdiction over Roush. Plaintiff’s allegations that he was injured in Illinois and signed an equipment lease with Glen Wood here, without more, were held insufficient to confer jurisdiction.
For further information please see
novackandmacey.com or contact Stephen J. Siegel at ssiegel@novackandmacey.com or
312.419.6900.