Geez Andy, you've really got a things coming out of one's butt.
To clarify a few points. First, there was no pre-trial or post trial documents because there was no trial. The documents I referred to were related to discovery and the depostition phase along with arguments to the numerous motions that are filed by both sides which make lawyers very happy and very rich in certain cases. I'll let Jeff explain that one.
Second, this case never came close to trial. They never even deposed the CRB members to whom the "fatal" message and smoking gun was delivered by Joanne Jensen. Most of these cases are settled on the courthouse steps just as a trial is going to start. This one shouldn't have even gotten to depostions and a settlement offer should have been made before spending millions on legal fees.
Third, it is true that the terms of the actual settlement are under NDA but there is absolutely nothing else that is which means the BoD is more than free to tell us what happend, who was involved and what the accusations were. They have clearly failed to do so and have claimed that they can't talk about the case. That is a bald faced lie.
Fourth, I will make these documents available if I can. I have made them available to Joe Harlan vis-a-vis my contact at Fran Am. My concern is legal. Unfortuanately my state believes that libel is a matter of intent to harm, not an issue of stating fact. In other words, even if it's true, you can't use it if your intent is considered committed in an act to harm... and use of such information with such intent is actionable. Trust me, I know this one well as I was sued last year for the exact same thing. I won but it cost me a bundle.
Last. Jeff. The case was pretty simple. It was also not the first one which a lot of people don't know as well. Regardless, in a nutshell, Fran Am went to SCCA with a homologation package for their Renault. The first big problem was that SCCA Eneterprises sent a guy over to Europe to try and steal the deal and cur Fran Am out. SCCA wanted the class but didn't want Fran Am. Renault said piss off, that's not honorable. The French... imagine that. So then Enterprises and the BoD who wanted a new formula spec car got one in FSCCA and Reynard. I believ they were the old Formula Ireland cars that they were trying to get rid of. So basically we were buying other people's garbage. Then comes the really sad part. Joanne Jensen was reported to have gone to the CRB and basically tell them you will reject the Fran Am homologation papers and you will accept the FSCCA applicaiton and make it a class.
Antitrust, restraint of trade...etc. There are a lot of other documents that illustrate not only a lack of respect for the law but a clear and decise decision to violate it. And Jeff, if you want to sign an NDA I'd be more than happy to send you the documents. As I read it, the SCCA BoD is a plantiff's dream.
The BoD acts in the same way with things like our insurance. They just do whatever they want. The only thing that's important is that they get one of their own elected or as the case has been for the past fifteen years, re-elected. For that, they need solo and the workers. Racers just can't compete against the numbers.