Update on AT&T - NASCAR Litigation

A report in this morning's Charlotte Observer notes that an AT&T spokesman said the company will "continue to pursue its right to use its logos" on the No. 31 Chevrolet driven by Jeff Burton despite Monday's unanimous decision by the 11th Circuit Court of Appeals. Its choices include the following options:

1. Attempt an en banc ruling by the entire 11th Circuit.

2. Appeal to the U.S. Supreme Court.

3. Pursue its claims of misrepresentation and estoppel in the trial court.

I am betting on number three. It's rare that an en banc panel reconsider a unanimous ruling and a Supreme Court appeal would take a great deal of time, with no assumption that the court would grant certiorari.

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