Reportedly, Dorna have now threatened Kawasaki with legal action if they do not race the 2009 MotoGP season. Kawasaki announced their pull-out of the series due to the global economic slowdown on January 9. It has been reported that Dorna has Kawasaki under contract until 2012.
What the contract between the two parties states is unknown, but it is assumed that in the heady early days of MotoGP--when MotoGP grid positions were said to have astronomical value--Dorna signed contracts with most of the teams and or factories guaranteeing their participation.
Those grid spots, in the end, have at best limited value and the contracts themselves are a very real millstone around the neck of any manufacturer that signed one.
Dorna conceivably could sue each manufacturer that needs to exit MotoGP, however in doing so they run the risk of alienating said manufacturer and making it very probable that the manufacturer would never return to MotoGP. And there are no manufacturers to take Kawasaki's place. The days of BMW, Aprilia, KTM, Ilmor and KR/Proton building MotoGP bikes to help fill the grid are gone. BMW and Aprilia are in World Superbike, Ilmor and KR/Proton are no more. Dorna is already under the FIM requirement of 18 bikes to make the series an official FIM world championship.
Self-sufficiency has never been Grand Prix or MotoGP's strong suit. At this point, bringing suit against teams or manufacturers, however valid, is a road Dorna will need to evaluate very carefully.