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Kurt Busch files multimillion-dollar countersuit vs. former management agency SMN

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Kurt Busch filed a multimillion-dollar countersuit Friday in the U.S. District Court’s Eastern District of Michigan against Sports Management Network, which sued the NASCAR driver for $1.4 million.

Busch, who is demanding a jury trial in the counterclaim lawsuit, alleges that the sports management company and its law firm “improperly advantaged themselves” along with the interests of clients Team Penske and Andretti Autosport. The countersuit states that Busch wasn’t made aware of such conflicts and wasn’t advised to seek independent counsel.

Busch and SMN entered into a representation contract in 2005 that was extended Aug. 11, 2010 while Busch was driving for Penske (he previously was with Roush Fenway Racing). Busch drove for Andretti in the 2014 Indianapolis 500, finishing sixth.

The suit refutes the claims made by SMN last month that Busch was delinquent in his payments to the company since the second quarter of 2016. He terminated the deal in March 2016.

Busch’s suit states that he maintained an attorney client-relationship with John Caponigro of Sports Management Network and the law firm of Frasco Caponigro Wineman & Scheible “at all relevant times,” covering all matters and transactions related to Busch’s career.

Busch’s suit requests the court enter a judgment in his favor against SMN, FCWS and Caponigro for “millions of dollars to be proven at trial plus all such other relief that the Court deems just and appropriate.”

Busch is asking for at least $1.3M from SMN and Caponigro for compensation received from the driver from January 2011 to January 2016.

In a response to the countersuit, Frasco Caponigro Wineman & Scheible, PLLC, which is representing Sports Management Network, released a statement:

“Defendants’ allegations are outrageous and have no factual basis. It is a shame that, in an effort to avoid paying fees that are owed, Defendants instead have chosen to disparage the impeccable reputation of our clients who, for more than a decade, maximized Mr. Busch’s career opportunities, financially and otherwise, often during times when Mr. Busch’s conduct, both on and off the track, threatened his career.  We are confident that the court will see through what is nothing more than a desperate, diversionary tactic.”

The counterclaim states that SMN AND FCWS had “fiduciary, legal, ethical and contractual duties to act in Busch’s best interests” but breached their obligations and caused millions in damages.

SMN also represents NASCAR drivers Brad Keselowski and Ryan Blaney (both of whom are under contract to Penske), according to its website. It has represented other Penske drivers (such as Sam Hornish Jr.) in the past.

The lawsuit also revealed several details about Busch’s contracts.

When it entered into a four-year extension with Busch in 2010, SMN received a 4% fee of Busch’s base salary. That sum was $250,000, meaning Busch’s base salary for 2010 at Penske was $6.25 million.

The lawsuit notes Busch was due to make “considerably less” under future contracts with Phoenix Racing, Furniture Row Racing and Stewart-Haas Racing.

The lawsuit also refers to a two-year deal with Monster Energy for Busch from 2016-17 with an option for 2018, but it’s unclear if that refers to a personal services deal or team sponsorship.

Busch is represented in the counterclaim by the Detroit-based law firm of Barris, Sott, Denn & Driker, P.L.L.C.

Click here to see the counterclaim lawsuit filed on Kurt Busch’s behalf.

Dustin Long contributed to this report.

NASCAR America at 5 p.m. ET: Five defining laps of Cup season, Ray Evernham

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Today’s episode of NASCAR America airs from 5-6 p.m. ET on NBCSN and will look back at the first half of the season.

Krista Voda hosts with Jeff Burton and Kyle Petty from the Big Oak Table in Charlotte.

On today’s show:

·     With NASCAR about to enter its summer stretch, it’s easy to think “Wait, how did we get here?” Throughout today’s show, we’ll examine the five defining laps of the season’s first half and their impact.

·     Father’s Day was on Dale Earnhardt Jr.’s mind during the latest Dale Jr. Download podcast. We’ll show you a clip ahead of the Download’s TV debut at 5:30 p.m. ET Thursday. Plus: Get more Dale Jr. tomorrow as he joins the show at the Big Oak Table in Charlotte.

·    One of NASCAR’s most innovative minds is about to take a very unique car on a “Race To The Clouds.” We’ll chat with NASCAR Hall of Famer Ray Evernham as he prepares to run the world-famous Pikes Peak International Hill Climb on Sunday.

·    From rattlesnakes to bears, sometimes the Victory Lane trophy is more dangerous than the race itself. We highlight a few of our favorites in today’s My Home Track.

If you can’t catch today’s show on TV, watch it online at http:/nascarstream.nbcsports.com. If you plan to stream the show on your laptop or portable device, be sure to have your username and password from your cable/satellite/telco provider handy so your subscription can be verified.

Once you enter that information, you’ll have access to the stream.

Click here at 5 p.m. ET to watch live via the stream.

Indianapolis to add dirt track race to NASCAR weekend

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Indianapolis Motor Speedway plans to build a quarter-mile dirt track inside Turn 3 to run a USAC race to kick off the NASCAR weekend, the track’s president confirmed in reports by Racer and The Indianapolis Star.

The move is being made to connect the NASCAR event, which has seen a steady decline in attendance in the last decade, with race fans.

“The short-track community in a lot of ways is the heart and soul of racing across America,” Doug Boles, president of Indianapolis Motor Speedway told The Indianapolis Star. “USAC midget racing, especially in the Midwest, is really strong and competitive, and attracts people like Kyle Larson and Ricky Stenhouse Jr. and Rico Abreu when they have time to come race.

“So for us, we thought, is there away we could connect with that short track guy or gal, who spends their weekend at the local track on Saturday? And we thought this was good way to experiment with connecting with that fan base.”

IMS constructed a 3/16-mile flat dirt track inside Turn 3 in 2016 as a gift to Tony Stewart to celebrate his final Cup start at that track that year. Sarah Fisher and Bryan Clauson, who died from injuries suffered in a crash at the Belleville Midget Nationals about a month later, joined Stewart in running midget cars on that track.

Stewart ran about 20 laps. Even then, he looked ahead to the possibility of a dirt race at the Brickyard.

“If we get to actually watch a race here at IMS on a dirt track, that is going to be pretty awesome,’’ Stewart said that day. “They haven’t been able to do that for the first 100 years, but they can do it for the next 100.’’

The dirt track that IMS plans to construct for the NASCAR weekend will have 60-foot wide straights and 8-degree banking in the corners, according to Racer. The track plans to build bleachers to hold 5,000 fans. IMS began bringing in dirt Tuesday.

The date has yet to be announced for the event but both reports stated it would be the Thursday or Friday before the Sept. 9 Cup race at the track.

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Kyle Petty Charity Ride raises $1.3 million for Victory Junction

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This year’s Kyle Petty Charity Ride Across America raised $1.3 million for the Victory Junction Gang camp during its 1,200-mile trip from Maine to North Carolina, the charity announced Tuesday.

The camp in Randleman, North Carolina, is devoted to providing life-changing camping experiences for children with chronic or life-threatening illnesses. Donations support maintenance programs, building projects and camperships.

Along with Petty, 225 participants joined the NBC Sports analyst in the drive from Portland, Maine, to Greensboro, North Carolina, that visited nine states in seven days.

The camp has been the primary beneficiary of the charity ride since the camp’s founding in 2004 as a tribute to his late son, Adam, who was killed in a crash during Xfinity Series practice at New Hampshire Motor Speedway in 2000.

“From lapping the track at New Hampshire (Motor Speedway) to our homecoming at Victory Junction, this year’s Ride was a little bittersweet,” Petty said in a press release. “It was more emotional for me this year than past Rides because we ended at Camp. I’ve said it a million times – when I see a camper, I see Adam in their smile and I know he’s still here with us. And there were campers everywhere as we pulled into Camp.”

Since 1995, more than 8,400 riders have logged more than 12 million cumulative motorcycle miles and raised $19.3 million for Victory Junction and other children’s charities.

Road course domination hard to come by these days – unless you’re one of the ‘Big 3’

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It might be a total coincidence, but the drivers that make up the “Big 3” in Cup competition this season have one thing in common.

Kevin Harvick, Kyle Busch and Martin Truex Jr. enter this weekend’s race at Sonoma Raceway as the only active drivers to win at the track in the last five years.

They also are the only active drivers with multiple victories at either Sonoma or Watkins Glen International (the Charlotte Motor Speedway Roval makes its debut on Sept. 30).

Busch leads the way with four wins, with two at Sonoma (2008, 2015) and WGI (2008, 2013).

“There are a lot of guys out there who have the road-racing background, who know a heck of a lot more about road racing and technique than we do,” Busch said in a media release. “It’s definitely something you have to work on. With rule changes and tire changes, it’s something you work on every year. There’s always change that you have to work on to be competitive.

“When I was a kid back in Las Vegas in Legends cars, that’s where I was able to learn about shifting and turning left and turning right. I had the natural instincts for it and won a couple of championships in the winter series we had out there. We actually went to Sonoma back then and ran the national championship races two years in a row and finished third both times, so I had a little bit of experience on road courses as I came up through the ranks.”

Truex and Harvick follow Busch with two wins each, but they didn’t join this exclusive club until last year.

Harvick won his first race at Sonoma, 11 years after his lone victory at WGI.

Truex then won at WGI, four years after he claimed his second career Cup win in 2013 at Sonoma.

“I love the challenge of road racing,” Truex said in a media release. “I grew up racing go-karts on road courses (in New Jersey) and fell in love with that quickly. The excitement level definitely goes up a few notches when we compete at a road course.”

Truex led a race-high 25 laps last year at Sonoma before falling out with engine problems.

“Sonoma is more like a short track,” Truex said. “It has a lot of slower speed corners and a lot of elevation changes. The worn out pavement causes tires to wear out fast. It’s almost like Darlington on a road course. You have to be disciplined at Sonoma. One little hiccup can knock you off the course and most likely out of the race.”

Outside the “Big 3” there are seven active drivers who have a single road course win.

Denny Hamlin, Joey Logano and AJ Allmendinger have victories at Watkins Glen. Kurt Busch, Kasey Kahne, Jimmie Johnson and Clint Bowyer have won at Sonoma.

Gone are the days of Jeff Gordon (series-high nine road course wins) and Tony Stewart (eight wins, including five at WGI).

Why is it so hard for drivers to string together consistent success at road courses today? Why have there been nine different winners in the last nine Sonoma races?

Front Row Motorsports’ David Ragan shared his thoughts.

“I think the phrase of ‘just keep all four wheels on the track’ is a little outdated,” Ragan said in a media release. “I think the drivers have gotten so much better. You don’t have as many guys spinning out and making mistakes as we did 10 years ago. I feel like 25 guys are really good when we go to Sonoma. And when you see short track guys, like a Martin Truex or Kevin Harvick or Kyle Busch, they’re really good at Sonoma without having that road course background. I just think all the drivers have worked on their road racing skills.”