Landon Cassill suing BK Racing

[burtonbraves]

Landon Cassill us suing BK Racing for $205,000 for unpaid winnings and other fees from last year.

Landon Cassill is suing BK Racing over what he alleges is $205,000 in unpaid winnings and other fees owed to him for racing for the team last year.

Cassill also is asking for an unspecified amount of money for not being told until mid-January that he would not drive for the team in 2013.
Landon Cassill, currently a part-time driver, finished 31st in the Cup standings last season for BK Racing. (AP Photo)

— SPRINT CUP STANDINGS

The lawsuit was filed last month in North Carolina Superior Court in Charlotte against BK Racing, which bought the assets of Red Bull Racing just prior to the 2012 season, and principal owner Ron Devine.

“I really hated to go the legal route but at the end of the day I’m ultimately asking to be paid what I earned last season,” Cassill said in a statement. “I was excited to race for BK in 2013 and was disappointed when my contract was not renewed for this season.

“But that’s racing. I raced hard for Burger King, Dr Pepper, Ron Devine and the BK Racing team and thought we were really making progress."

Adam Ross, a Charlotte attorney representing BK Racing, said that there is a dispute over what is owed to Cassill but would not go into specifics. The team has until mid-May to file a legal response to the lawsuit.

“There is a dispute of what is owed to Mr. Cassill under the contract, which include disputes related to Mr. Cassill's performance of his obligations,” Ross aid. “BK Racing and Mr. Devine had hoped to resolve those differences privately, amicably and without resort to the courts, but Mr. Cassill obviously felt otherwise.

“BK Racing and Mr. Devine are evaluating Mr. Cassill's claims and are in the process of formulating their counterclaims, which they expect to file in the coming weeks.”

The lawsuit states that a performance-based clause in Cassill’s contract included a minimum payout of $500,000 for the year. His total earned under that performance-based plan was $355,000, according to complaint, which did not identify the pay structure.

Cassill, who finished 31st in the Cup standings for the first-year team, claims he is owed $145,000 to make up the difference between the guaranteed payout and what he actually earned as well as $60,000 for other services rendered to the team.

Cassill also claims in the lawsuit that he was not told until Jan. 16 that he would not be the driver of the No. 83 car. He claims that BK Racing co-owner Ron Devine misled him into thinking he would drive the No. 83 since, according to the complaint, he sent a proposed pay scale to Cassill for 2013 just eight days before informing Cassill that he wouldn’t drive the car.

David Reutimann is driving the No. 83 car this year.

“(The team) intentionally deceived Cassill in order to ruin Cassill’s chances of finding an open position as a driver on another race team in the 2013 season,” Cassill’s lawsuit states.

Ross disputed whether Cassill was provided any assurance that he would be the drive for 2013. Reutimann had driven for the team in two races in 2012 while driving primarily for Tommy Baldwin Racing.

“Mr. Cassill's approach to resolving the parties' differences stemming from the 2012 season very much (influenced) BK Racing's decision-making, especially when coupled with David Reutimann's availability and his prior experience with BK Racing,” Ross said.

“Like all business deals, some take longer than others to finalize. This one ran closer to the start of the season that BK Racing would have hoped, but David has done a fine job to start the season.”

Cassill has landed a part-time ride for 2013. He has been driving for Circle Sport, which shares fielding the No. 33 Sprint Cup car with Richard Childress Racing.

 

[labontefanboy]

Hate seeing this stuff happen, but good for Landon for standing up for himself, assuming his claims are true. This reminds me of the Latitude 43 Motorsports fiasco with the owner paying neither the drivers nor the crew members.

 

[Relly]

Glad to see Landon doing this, you don't pay your employees this is what happens. I know I'm biased in saying but, I hope Landon gets what is his from BK Racing.

Still don't know all the specifics of what happened and I want to hear BK Racing's side as well but, it's a shame this happened and dealt another set back to Landon's career.

 

[RP Motorsports]

Personally, I find it tough to take a side without knowing all the facts.

It kind of reminds me of when Scott Speed filed suit against Red Bull Racing claiming they couldnt fire him, and then it turns out there was a clause in the contract that stated he could be let go if he didnt finish 15th or higher in the standings.

I have to say though, when I read stuff about this claim of "they didnt tell me soon enough they were letting me go, because they wanted to screw me out of finding another ride", I get a little skeptical. It just reeks of someone grasping for straws. Again though, who knows what the deal is without knowing all the facts.

 

[MattSRD28]

It's going to come down to exactly what the contract says and what it doesn't.

Makes me slightly curious as to what BK Racing's counterclaims against Cassill are going to be. They didn't lose in the severance between the team and Cassill, but suddenly now that Cassill is suing, they're counterclaiming (meaning they're claiming damages against Cassill)?

 

[Fishtail]

Cassill is ok with me,good luck suing,its gonna be a hard road