From the Marbles - NASCAR

If you can't win on the track, maybe you can win in the courtroom. At least, that's the thinking of Aric Almirola, who's filed suit against Earnhardt Ganassi Racing in North Carolina Superior Court. The suit charges that Earnhardt Ganassi and Dale Earnhardt Inc. breached their contract -- the one that promised Almirola would run a full season -- apparently because Almirola only ended up running seven Sprint Cup races in 2009.

Almirola -- not to be confused with AJ Allmendinger or Alan Alda -- was supposed to be driving the No. 8 full-time this year after splitting it the previous two years with Mark Martin. But Dale Earnhardt Inc.'s merger with Chip Ganassi Racing, combined with a softened sponsorship economy, put the brakes on the No. 8 car after just seven unremarkable races. His only finish higher than 30th was a 21st-place finish in Atlanta in the spring.

The lawsuit does not specify details on the breach-of-contract claim, but instead asks the court to send the matter to arbitration.

The case echoes one involving Elliott Sadler earlier this year, in which Sadler threatened to sue Gillett Evernham Motorsports over getting bounced from his ride by Allmendinger. But once GEM merged with Richard Petty Motorsports, there was space available after all, and that suit mysteriously went away. That doesn't seem likely in this case.

Aric Almirola files claim against Earnhardt Ganassi Racing [Scene Daily]

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  1. sportsnut888
    1. Posted by sportsnut888 Wed Nov 11, 2009 1:34 pm EST

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    Good luck, Almirola. did you really expect to run a full season when they didn't have sponsorship money for the car? BTW, did you bring any sponsorship $$$ to the table for the team?
    Even in the 7 races run by Almirola, was no better than a field filler. Can't see this lawsuit going anywhere, would set a bad precedent for teams.
  2. Dani
    2. Posted by Dani Wed Nov 11, 2009 2:09 pm EST

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    Oops Aric... this is one way to get your name in the news but, for all the wrong reasons. Who would hire you now?
  3. Kim
    3. Posted by Kim Wed Nov 11, 2009 2:54 pm EST

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    Aric may have a chance in the courts, depending on the wording of his contract and/or if the contract was rendered moot in the merger, but he can kiss his career in Nascar good-bye. Will any owner want to sign someone who may turn around and sue if something happens beyond their control?
  4. Shannon P
    4. Posted by Shannon P Wed Nov 11, 2009 2:55 pm EST

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    sounds like career suicide to me
  5. TCM29
    5. Posted by TCM29 Wed Nov 11, 2009 3:22 pm EST

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    Wait a minute- he's a Cuban-American driver. Where's the drive for diversity?
  6. Jessy S
    6. Posted by Jessy S Wed Nov 11, 2009 3:47 pm EST

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    I studied contract law and Earnhardt Ganassi did commit a breach of contract "IF" Aric Almirola was contracted to run the #8 full time in 2009. Yes he didn't have sponsorship sportsnut, but he could have did some start and parks just to keep the team running. In regards to the schedule, he never did finish higher than 21st, but he also averaged a 33rd place finish and that is what Aric Almirola's crew chief was asking of him. There were a lot of other options for Teresa Earnhardt for keeping Aric on the track including start and parks like I said before in this post.
    The thing is I think Teresa Earnhardt may be a lazy person that really doesn't know how to run a race team and had to lean on the legacy of her late husband to bring in the income as well as the sponsorship dollars from Martin Truex Jr. and the good name and sponsorship dollars of Dale Earnhardt Jr. Now that well is drying up, I expect that Earnhardt Ganassi will fold and that would be with no lawsuit. All they have is Elliott Sadler who won a few races the first half of this decade and, to sponsors, that is a big whoop-de-doo. I rather put my money on a part time ride for Michael Waltrip to run the first 10 races of 2010 including the Daytona 500 and try to convince him to run the full season. Heck, I would want to be Robby Gordon's sponsor for 2010 or for a second team in his stable if he has sponsorship dollars already lined up.
    The truth is that if Dale Sr. didn't die, I am pretty sure that DEI would have been one of the top teams in NASCAR history.
  7. Jim T.
    7. Posted by Jim T. Wed Nov 11, 2009 5:21 pm EST

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    Jessy S- Better get your facts straight buddy "IF" you start to practice law. LOL Elliott Sadler drives for Everham and I doubt Michael Waltrip would abondon his own team and Toyota to drive a Chevy for Earnhardt- Gnassi
  8. Dani
    8. Posted by Dani Wed Nov 11, 2009 9:38 pm EST

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    I can't help but think if Sr were alive there would be no Gnassi in DEI and JPM would not be a driver for DEI. jmho
  9. ALX
    9. Posted by ALX Thu Nov 12, 2009 8:40 am EST

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    Just like sadler can't drive so will sue ,what a punk ,he schould have kept nailing dales ex a$$,now she has a bull ,nascar is dead ....put it too rest
  10. Rudy88
    10. Posted by Rudy88 Thu Nov 12, 2009 8:56 am EST

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    Jessy - It's obvious that you never made it to the level where you studied contract law. Anyone who has such a poor hold on the English language that they would say "he could HAVE DID some start and parks", needs to get a handle on English, before they study any kind of law! You might go over your punctuation also. It is extremely important in contract law. One little jot or tittle that is left out, or out of place, changes the whole meaning of a contract.
  11. RoyV
    11. Posted by RoyV Thu Nov 12, 2009 11:14 am EST

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    Who cares, JAPCAR is dead
  12. Brian W
    12. Posted by Brian W Thu Nov 12, 2009 2:53 pm EST

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    Its called losing your ride there Aric...it can happen and I'm sure that it is in your contract worded somehow regarding that...not to mention no one is going to want to sign you on as a driver now knowing that you may sue because you suck....
  13. Willy Doer
    13. Posted by Willy Doer Thu Nov 12, 2009 3:54 pm EST

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    Well, Isn't that the whole reason for a contract? So both parties hold up to their obligations?
    Did they pay out on his contract? If he got his salary for the year he is wasting his time, but if they didn't....and didn't even allow him the oppertunity to find another ride....Then go get em Aric, i don't blame you.
    PS, haven't seen the kid get enough seat time to make the determination of whether he sucks or not.
  14. Jessy S
    14. Posted by Jessy S Thu Nov 12, 2009 9:32 pm EST

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    Jim, you are half right. I knew that there was a driver for Earnhardt Ganassi and that was JPM not Elliott Sadler. Regardless most of my original post does stand because it is likely that Earnhardt Ganassi is not long for this world. As for Michael Waltrip Jim, read my original post. I said that I would be putting my money on Michael Waltrip as a part time sponsorship and that for him to drive for his current team and not any operation ran by Earnhardt Ganassi.
    Rudy88, thanks for catching the mistake I made. It was a honest mistake that doesn't matter in a Busbee blog, but you are right about contract law. I did study the subject in college and you are right that wording is important, but this case will cause problems for Earnhardt Ganassi because of the wording. There is a 90% chance that said that Aric Almirola had the contract that said that he had a full ride for this season which is 36 races and his all-star weekend race.
  15. Mike
    15. Posted by Mike Thu Nov 12, 2009 9:45 pm EST

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    There is an owner out there willing to take a chance on Aric.....Jeremy Mayfield...lol. If every driver takes to court a breach of contract issue when the team folds, there won't be many drivers out there. How many have folded in the last 4 years?? Of those, how many have taken those "breach of contracts" to court?
  16. david a
    16. Posted by david a Thu Nov 12, 2009 9:59 pm EST

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    way to go amirola join all the rest of the azzholes in this country,if things dont go right for you sue,someone says the wrong thing to you sue, if someone looks at you crosseyed sue,if someone is running out of money and cant pay you or put a race worthy car on the track sue.
  17. Jeff D
    17. Posted by Jeff D Thu Nov 12, 2009 10:07 pm EST

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    Theresa is killing dei and mergeing with ganassi was pathetic dale is rolling over in his grave over the crap she has done to the company he created. she is going to run it straight into the ground and then fall flat on her face and then people need to laugh at her for being a jack ass
  18. martin_rulz6
    18. Posted by martin_rulz6 Thu Nov 12, 2009 10:41 pm EST

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    Aric... I hope you love racing local short tracks, because with this stupid suit, that's the only racing you are ever gonna do again.
  19. wopp22
    19. Posted by wopp22 Thu Nov 12, 2009 11:52 pm EST

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    jessys like you said you did study law in college,sounds like thats as far as you got, not practicing it ,your way over your head stay with what your doing.
  20. Jobu
    20. Posted by Jobu Fri Nov 13, 2009 2:28 am EST

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    Technically speaking, he did drive full time this year in the 8 car. Has anyone seen it in a race besides the seven he drove in? lol
  21. Russell
    21. Posted by Russell Fri Nov 13, 2009 7:26 am EST

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    JPM BIG E would have loved to have him as a driver.He drive's hard &take's no S**T from all those [profane] driver's i.e JJ/JG/ they don't like him because they know if he had the motor's &SUPPORT .We would be talking about JPM INSTEAD of JJ leading the chase.
  22. JohnB
    22. Posted by JohnB Fri Nov 13, 2009 9:35 am EST

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    I agree JPM is a good driver. The guy has raw talent. and Russell is right he drives similar to Sr. he still needs work but I think he can take on JJ. And I believe the NASCAR rules state that if a driver runes more than 5 races he is a ful time driver. It works that way with Rookies. they run like 5 races the year before at key tracks then they run the full season the next year. I may be wrong but that is the way it seems to me. I wish Nascar would do something. The sport has gottten out of hand with the amount it cost to run a team. and the season should only be like 16 races. 2 races a month for 8 months or 4 races a month for 4 months. This would fill the gap between football, baseball, hockey, and basketball seasons. This would cut costs. make the sport more appealing because the drivers would have to fight harder to win the championship. and ditch the Chase.
  23. JohnB
    23. Posted by JohnB Fri Nov 13, 2009 9:39 am EST

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    I know most of that was off topic but I just needed to say it and get it all off of my chest.
  24. illini_racer1
    24. Posted by illini_racer1 Tue Nov 17, 2009 8:47 am EST

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    I have met Aric a few times, on a personal level. He is a good kid. You have to remember, he was promised something with a contract and he is entitled to what ever that is. Unless, there is a clause that lets EGR out. Apparently, a lawyer has found that to not be the case and they are going after it and let a judge or an arbitrator decide. The same as any of you that are posting on here would do, if it were you. He may not be the best driver out there, on the other hand, he may be better than you think. His finishes in Ballew's truck heve been decent. He did get the shaft on the ride sharing deal and by waiting an extra year for Martin to hang around and use up the sponsor dollars that were there. The whole Ganassi, Sabates, Earnhardt thing has been a fiasco since it came together. How they pulled the con job on RCR to be affiliated with them has brought nothing but trouble for them! Anyway, let this run its course. It is there business, and nobody elses.

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