NASCAR lawsuit battle heats up as 23XI & FRM file pretrial motions setting stage for December showdown

The long-running legal battle between 23XI Racing, Front Row Motorsports (FRM), and NASCAR has entered its decisive stretch. After settlement talks failed, both sides filed a combined 19 pretrial motions ahead of their December 1 trial, outlining what each wants excluded or limited when the case goes before a jury.

The filings come after a 3.5-hour summary judgment hearing on Thursday (October 23), where Judge Kenneth Bell heard arguments but reserved his rulings for the coming weeks. Bell acknowledged both parties’ “good-faith” efforts in mediation but confirmed the case will now proceed to trial, with a November 12 hearing scheduled for pretrial motions and expert witness challenges.

Both 23XI/FRM and NASCAR have also submitted proposed jury instructions and verdict forms, which will help shape how jurors evaluate evidence and testimony. These motions, while procedural, are critical as they determine what the jury will hear, how arguments are framed, and which evidence can be presented in the courtroom.

According to Bob Pockrass’ summary on X, the 23XI/FRM motions primarily seek to prevent irrelevant or prejudicial claims that could sway jurors emotionally rather than factually. The teams want NASCAR barred from:

• Claiming that increased competition would “confuse fans” or threaten media deals.
• Bringing up personal finances, old investigations, or charitable donations by team owners.
• Using internal official emails or texts chosen solely to cast the teams negatively.
• Saying the teams got their charters “for free,” since those agreements came with costs and obligations.
• Suggesting sponsor or driver emails were “manufactured evidence.”
• Introducing speculative claims about damages or extreme remedies, like selling tracks.
• Accusing teams of destroying evidence or using attorney-client materials already deemed privileged.
• Arguing that using their charters previously proves that no antitrust violation occurred.

NASCAR, meanwhile, filed nine motions of its own, which include:

• Preventing 23XI/FRM from claiming they’re suing “on behalf of all teams” rather than themselves.
• Blocking speculation about why other teams agreed to sign the 2025 charter deal.
• Barring expert testimony on hypothetical better deals or comparisons to other motorsports series.
• Excluding evidence about the ARCA or ISC acquisitions before 2021, which it argues are too old under the statute of limitations.
• Stopping any suggestion that the “no-sue” clause in charters is illegal, since an appeals court already ruled otherwise.
• Preventing the use of the term “collective bargaining,” as the teams are not a union.
• Excluding emotionally charged internal emails that don’t directly relate to factual evidence.
• Disallowing references to the earlier preliminary injunction that was later overturned.
• Blocking mention of the France family profit distributions.

Each side is trying to limit the other’s ability to shape the story at the trial, which shows how contentious the December proceedings could become. The upcoming November 12 hearing will determine which of these motions succeeds and how tightly the trial’s narrative will be controlled.

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Failed settlement talks push NASCAR antitrust case to trial after yearlong standoff

NASCAR Chairman and CEO Jim France (L) and Denny Hamlin. Source: Getty

The failed mediation marks the end of any hope for a pretrial resolution. After nearly a year of filings, injunctions, and appeals, the 23XI Racing/FRM antitrust suit is now set to move to court. The teams argue that NASCAR has monopolized the premier stock-car racing market and used its control over sanctioning and media rights to force teams into unfavorable charter deals.

In new filings, 23XI Racing and FRM made several notable disclosures. As reported by Bob Pockrass, their trial brief revealed that “75% of teams lost money in 2024,” a figure they say underscores how NASCAR’s business model leaves teams struggling despite rising sponsorship and TV revenues.

The teams also cited the 2023 and 2024 sanction agreements with racetracks, which prohibit any competitive stock-car series from using those venues through 2026. That, they argue, makes it nearly impossible for independent or rival series to exist while the league negotiates its 2025-31 TV deal.

Pockrass wrote on X:

“23XI/FRM in its trial brief: 'Instead of treating the racing teams as valued business partners, NASCAR has exploited its monopoly power to deprive them of a fair opportunity to make a reasonable return on their substantial investments.”

For its part, NASCAR maintains that the charter system provides stability, that teams were never coerced into signing, and that the market for motorsports extends beyond the sport.

As the Cup Series heads into its championship finale this weekend, NASCAR’s legal future looms just as large, with the trial set to begin on December 1.