Judge rejects NASCAR’s motion concerning 23XI and FRM, scrutinizes the organization for ‘coloring court’s perception’

NASCAR analyst Bob Pockrass has dropped another major update on the ongoing lawsuit between 23XI Racing, Front Row Motorsports, and NASCAR. The situation arose when the two teams refused to sign the new charter agreement last year and filed an antitrust lawsuit against the governing body.

The lawsuit accused NASCAR's chief executive officer, Jim France, for monopolizing the sport. Earlier in July, the court denied the team's request for a temporary restraining order to save their charters and ruled in favor of the governing body. Since then, the teams have been competing as open charters in the Cup Series.

Meanwhile, this time, Judge Bell called out NASCAR on its request to sanction 23XI Racing and Front Row Motorsports. According to the report shared by Bob Pockrass, the sanctioning body claimed that the teams might have sent an email to their drivers and sponsors saying they could leave the team if they lost their charters.

Reflecting on the same, Judge Bell called out NASCAR and stated:

"This is an important case that risks the fortunes of NASCAR and the Plaintiff race teams and significantly impacts all the other companies and individuals who depend on their success (as well as legions of stock car racing fans). The Court is therefore focused on the merits of the Parties’ antitrust claims. It would behoove all the Parties to do likewise."

"NASCAR’s motion to show cause does not productively move this case forward. Instead, it appears intended to play to the court of public opinion and perhaps color the Court’s perception of the opposing Parties and counsel (while at a minimum distracting them from their own efforts)."

Bob Pockrass

@bobpockrass

The judge’s order indicates he where he wants the focus. NASCAR motion (which judge denied) alleged 23XI/FRM had not been forthcoming if they encouraged/worked with drivers/sponsors to obtain emails/letters indicating they could leave the teams if they were non-chartered.

Both teams purchased the charter from the former NASCAR Cup Series champion Tony Stewart's now-defunct Stewart-Haas Racing last year. The drivers affected by the decision include Bubba Wallace, Tyler Reddick, and Riley Herbst of 23XI Racing. Followed by Todd Gilliland, Zane Smith, and Noah Gragson from Front Row Racing.

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“Mr. France doesn’t like being played”: NASCAR insider got candid about his take on the ongoing lawsuit between 23XI Racing and NASCAR

On the Door Bumper Clear podcast on YouTube, NASCAR expert Tommy Baldwin gave his take on the lawsuit between 23XI Racing, Front Row Motorsports, and the governing body.

Following the rejection of their request for a temporary restraining order, the teams competed as open entries at Dover Motor Speedway. Reflecting on the big moment, Baldwin stated (via YouTube):

"I hope it gets settled. I hope you know, Mr. France is a tough man. He doesn’t like being played like this, and you got a lot of money on the other side at play. So, it's going to be interesting to watch how it (unfolds). The biggest thing is what is going to happen if NASCAR has to open its books. What's going to happen, right? That's the decision NASCAR is going to have to make — whether to negotiate after or say, “Yeah, we're going to open our books and show you everything.” So, we'll see. That time's coming, right? It's coming pretty soon, a couple of months. So, we'll see." [39:19]

Earlier in 2024, the court allowed 23XI Racing and Front Row Motorsports to compete as charter teams. However, things changed this year when the Fourth Circuit Court revoked the decision. Additionally, the lawsuit is set to go on trial on December 1, 2025.