This lawsuit against NASCAR is serious stuff: It could dramatically change the 77-year-old sport, which is exactly what the plaintiffs in the suit are asking for.

We learned that much after week one of testimony, which wrapped up on Friday. Today, we began week two, which was supposed to be the final one, but things are moving at a snail’s pace, much to the dismay of presiding Judge Kenneth Bell. He wanted it done by the end of this week, but it seems likely to drag on, potentially past Christmas.

Bell does not want the jury to have to deliberate over Christmas, and likely neither do the jurors, so we could have a very quick decision if indeed the trial enters a third week. The trial resumed today, with testimony from an economist, and from the head of the Race Team Alliance, who testified that some teams may be interested in buying NASCAR if it is broken up by the court. To come this week as the plaintiffs conclude their presentation: NASCAR head Jim France, NASCAR commissioner Steve Phelps, and longtime team owner Richard Childress. More about him in a moment. Once those three have testified, it’s NASCAR’s turn, and they have 16 witnesses listed. Judge Bell is not a happy man.

There is no telling what the combined legal bill will be: One account said both sides have eight lawyers apiece clustered around the respective tables.

First, the lawsuit in a nutshell: As you’d likely suspect, it’s about money. Two NASCAR teams are suing NASCAR and its CEO, chairman and executive vice-president, Jim France. The two teams are 23X1 (pronounced twenty-three eleven), owned by NASCAR driver Denny Hamlin, NBA legend Michael Jordan, and Jordan’s financial agent of 35 years, Curtis Polk; and Front Row Motorsports, owned by Bob Jenkins, who reportedly owns about 250 fast-food franchises, including the likes of Taco Bell, KFC, Long John Silver’s, and A&W.

23X1’s three drivers are Bubba Wallace, Tyler Reddick, and Riley Herbst (owner-driver Denny Hamlin still competes for Joe Gibbs Racing). Front Row’s three NASCAR Cup drivers are Zane Smith, Noah Gragson, and Todd Gilliland.

The 23IX and Front Row teams insist that given NASCAR’s current business model, it is difficult, if not impossible, to make money.

The suit claims that NASCAR is a monopoly (which the court has already confirmed), possibly in violation of the Sherman Antitrust Act of 1890. The two teams also do not like the current charter agreement, which runs through 2031, and must be renewed by NASCAR every seven years. 23XI and Front Row refused to sign that charter agreement last year, though all the other teams did sign. Those two teams want the charters to be awarded permanently, and not be subject to renewal.

The 36 charters, which were awarded to NASCAR’s top teams for free in 2016, were designed to give the teams some equity that would grow in value over the years (big teams have more than one charter, up to four). The charter also guarantees those teams a set minimum income from NASCAR, but most importantly, guarantees that a chartered driver doesn’t have to qualify his or her way into the field—they get a guaranteed starting spot, allowing teams to sell sponsorship based on making every race. There are 36 chartered drivers in the field of 40 cars, with four spots held for “open” teams that don’t have charters, and must qualify their way into the race, assuming that there are more than four open teams that want to race (which lately happens with big races, like the Daytona 500).

The charters, which can be bought and sold, with the selling team keeping the money, have grown in value to about $40 million currently. If a brand-new team wants to enter NASCAR at a high level, it would have to buy a charter from a team that is either downsizing or leaving the sport. And if a team has, say, two charters and wants three so they can add a new driver, they’d also be customers for another team’s charter.

The suit also wants NASCAR to pay the teams more money from the current seven-year, $7.7 billion broadcast contract. There’s more, but you get the gist.

This first week of the 23XI and Front Row vs. NASCAR and Jim France had plenty of moments that ranged from outrageous to amusing to just bizarre. Here are some highlights:

Texts NASCAR and the teams wish they could take back.

In discovery, both sides had to supply hitherto private communications that were beyond embarrassing—they possibly mean the end of friendships, and damage to professional relationships that are beyond repair, and could even put careers into question. The most remarkable ones were from Steve Phelps, NASCAR commissioner, and Steve O’Donnell, NASCAR president.

Certainly, the most damaging one comes from Phelps, and involves his reaction to a meeting with NASCAR, and a radio interview done by former driver and current team owner Richard Childress, whose Richard Childress Racing dates back to 1969, and for whom Dale Earnhardt raced for the balance of his career.

“Total ass-clown,” Phelps texted another NASCAR executive. “Childress is an idiot. If they don’t like the state of the sport, sell your charter and get out.”

And, “If he’s that angry (and apparently he is) sign your charter extension and sell. He’s not smart, is a dinosaur, and a malcontent. He’s worth a couple hundred million dollars—every dollar associated with NASCAR in some fashion.”

And the worst of all: “Childress needs to be taken out back and flogged. He’s a stupid redneck who owes his entire fortune to NASCAR.” Late last week, Childress, 80, said he is considering legal action over the texts.

O’Donnell, commenting on a charter proposal that he believed would send the sport backwards: “(Expletive) the teams, dictatorship, motorsport, redneck, southern, tiny sport.”

And on the other side of the aisle, Michael Jordan and Denny Hamlin and another company executive likely wish they hadn’t sent some texts about NASCAR bosses, and fellow team owners. Steve Lauletta, 23IX president, texted what it might take for teams to get more favorable charter deals: “Jim dying is probably the answer.” He’s referring to Jim France, the 81-year-old head of NASCAR, and the son of “Big Bill” France, who founded NASCAR in 1948. To that, Hamlin replied, “My despise for the France family runs deep.”

Jordan’s texts were also scrutinized, with one standing out from the others. To quote CBS Sports: “Jordan was shown to have called Joe Gibbs Racing ‘f—ers’ for signing the charter agreement, while referring to others who agreed to NASCAR’s terms as ‘p—–s’ in a September 2024 text with business partner Curtis Polk.”

Paranoia? To say the least.

In 2021, three-time NASCAR Cup champion Tony Stewart and former Cup crew chief and team owner Ray Evernham, who led driver Jeff Gordon to three championships, partnered to create Superstar Racing Experience (SRX). The series was modeled after the long-gone International Race of Champions (IROC) that gave Evernham one of his first jobs in the sport. SRX, like IROC, would put drivers from various racing series in identical cars, such as having NASCAR stars race against IndyCar stars and IMSA sports car stars.

Unlike IROC, though, SRX would be run as a made-for-TV series, airing Saturday nights on CBS for six weeks, beginning in June of 2021 and 2022. For the third and final season, the racing was on ESPN, on Thursday nights. Evernham designed the cars, which were capable of running on both asphalt or dirt tracks, while Stewart raced in the series and was the face of SRX. The series competed on short dirt or paved ovals that did not host NASCAR races, such as the Stewart-owned Eldora Speedway, Berlin Raceway, Five Flags Speedway, Knoxville Raceway, and South Boston Speedway.

In the three six-race seasons, 46 drivers competed, seven of them active NASCAR Cup drivers—the rest ranged from late-model legends like Scott Bloomquist and Bubba Pollard, drag racers like Ron Capps and Antron Brown, IndyCar drivers like Helio Castroneves and Josef Newgarden, and sports-car drivers like Willy T. Ribbs and Ernie Francis, Jr.

I watched the SRX races and attended the season finale at the Nashville Fairgrounds in 2021. SRX was a fun series, but by the third season, it was sagging; Evernham left, and Stewart seemed bored.

But still, somehow, NASCAR executives Phelps and O’Donnell saw SRX as an immediate threat that needed to be extinguished. Why? Because it kind of looked like NASCAR (it didn’t), and drivers like Chase Elliott and Denny Hamlin decided to participate periodically.

O’Donnell sent a text to Phelps that said: “Enough. We need legal to take a shot at this.”

Phelps said, “These guys are just plain stupid. Need to put a knife in this trash series.”

O’Donnell later texted: “Thisnis [sic] exhibit ‘a’ that nobody gives a s— about what got them their careers. Pay ‘em some money and they are all in… Lots to get our arms around but sadly any ‘goodwill’ seems to be lost. So smiles all around but behind the scenes we scheme and we win.”

Phelps: “The SRX thing is just baffling to me. Why don’t they get it – oh, they do get it and it’s a huge FU to us.”

NASCAR, though, has no problem with its stars appearing in a variety of other series and races, ranging from the CARS Tour to today’s Snowball Derby at Five Flags Speedway in Pensacola, Florida, which NASCAR helped publicize. As for SRX, it died a natural death; all 18 cars and the equipment were acquired last September by GMS Race Cars, which will use them mostly for track days and specialty events.

Everybody’s scared of Curtis Polk

As we’ve mentioned, Curtis Polk, 66, is Michael Jordan’s agent, business partner, and financial guru. His only real experience with motorsports was racing slot cars as a kid, but when Jordan and Hamlin decided to start 23IX, Polk spearheaded the investment, aiming that spear right at NASCAR.

Steve O’Donnell said that Polk, in charter negotiations, was responsible for “the most difficult meetings I’ve had with an individual in my 30 years in NASCAR.” Polk, he said, “did not have an appreciation for the sport. He was a businessman who said he could leave anytime. He threatened to kick me out of my own meeting; (I) knew he wasn’t coming from a place of respect.”

Heather Gibbs deliberately tugs at our heartstrings

Joe Gibbs had been a very successful NFL coach, and in 1992, he wanted to try something new. Along with his two sons, J.D. and Coy, he founded Joe Gibbs Racing, competing in NASCAR, plus stints in NHRA drag racing and motocross. At 85, Coach Gibbs is arguably the most beloved, most admired man in the sport.

Likely some of this will be familiar to you: J.D. Gibbs died in 2019, at age 49, after a rough four-year battle with a degenerative neurological disease. He had been president of JGR, running the day-to-day operation. Coy then assumed more duties at JGR where he was chief operating officer, and was responsible for the successful AMA motocross program.

On November 6, 2022, Coy’s son, current JGR NASCAR Cup driver Ty Gibbs, won the NASCAR Xfinity series championship at Phoenix Raceway. The family celebrated, after which Coy, also 49, and wife Heather went to bed.

The next morning, Heather said last week as part of her testimony, “My husband didn’t wake up.” The cause of his death has not been revealed.

But the tragedy made Heather Gibbs a part-owner of Joe Gibbs Racing, and she moved from her job as a real estate agent to an executive role at JGR: Her LinkedIn profile doesn’t list a title beyond saying she is a co-owner of JGR, providing “strategic advice and support to the entire management team.”

By all accounts, her testimony on Friday was the most impactful of the week, including Michael Jordan’s time on the witness stand.

She testified about a letter she wrote to NASCAR management after Steve Phelps characterized team spending as “reckless,” and a main reason why Cup teams find it hard to turn a profit. It was an extremely well-written letter, not surprising since she has a journalism degree. “The primary issue for the teams is that there is not enough revenue shared to keep the doors open. Sadly, 11 teams have closed since 2016… Please understand that when you say no to permanent charters, you are disregarding 32 years of dedication and commitment that Joe Gibbs Racing has given to your family.”

It was emotional testimony, and she hit every talking point when she spoke about why JGR signed the latest charter agreement against everyone’s better judgment. The final draft arrived late, and they were given a very short deadline to sign it. “Everything’s going so fast,” she said.

“That’s the legacy of Coy. That’s the legacy of J.D. If we don’t take the payout they are offering, we can’t keep going… It’s like you have a gun to your head. If you don’t sign it, everything is gone.”

Heather said Joe Gibbs called Jim France. She said Coach Gibbs pleaded with France, saying, “Don’t do this to us.”

France allegedly responded that he didn’t care how many of the 36 existing charters were renewed: “If I wake up and I have 20 charters, I have 20. If I have 30, I have 30.”

Yes, her testimony may not contribute a lot to the lawsuit’s technical points, but remember: This is a jury trial, and almost certainly—after a week of brash, contentious back-and-forth—it resonated with the jury.

What is it Albert Einstein said about people doing the same thing over and over, and expecting different results?

Bob Jenkins, sole owner of Front Row Motorsports since 2005, did not paint a particularly sympathetic self-portrait during his time on the stand. Front Row is a plucky, low-budget team that sometimes punches above its weight, especially on the bigger tracks. Drivers have been typically talented, but never superstars, with some bringing sponsorship or cash to drive one of Front Row’s cars. The team’s proudest moment was when Michael McDowell steered around a last-lap crash to win the 2021 Daytona 500.

He testified that his team was “very hurt” by NASCAR’s delivery of the 112-page charter agreement at 6 p.m. one night, along with the demand that it be signed by midnight. “Not a single owner said, ‘I was happy to sign it.’ Not a single one.” Still, 13 of the 15 team owners signed it.

That said, Jenkins testified that he has lost $100 million since he assumed full control of Front Row, which long predates the charter system. He has never turned a profit, and loses an average of $6.8 million per year.

So why does he insist on running a NASCAR team? “That sounds like something my wife would say,” Jenkins said.