CHARLOTTE, N.C. — A once-unlikely combo is set to take NASCAR to court Monday in a lawsuit that could change the motorsport forever.
Photo: Dominic Aragon/TRE
Heavyweight attorney Jeffrey Kessler, in union with 23XI Racing’s Michael Jordan and Denny Hamlin; and Front Row Motorsports’ Bob Jenkins, are ready to take on NASCAR’s France family and prove the sport used anticompetitive means to build a monopoly that has harmed their business.
If the teams succeed, more money and more governance over financial decisions for them could be just the start. Permanent charters could also be in play.
If they fail, that could be the end of their teams — and vindication for NASCAR.
History
The France family has ruled NASCAR with an iron fist since Bill France founded it in the 1940s. That rule was tested and firmly established in two different instances during the sport’s second full decade in existence.
In 1961, star drivers Curtis Turner and Tim Flock tried working with the Teamsters Union to get drivers into a union aimed at improving race purses, getting a share in broadcasting rights and ensuring retirement benefits for drivers. NASCAR banned Turner and Flock over it and Bill France threatened to not allow union drivers to race, reportedly even referring to a gun at one point.
Eight years later, in 1969, when NASCAR was set to race at Talladega for the first time ever, Richard Petty and other stars helped lead a driver boycott over tire issues.
NASCAR didn’t budge. With many of the top stars on the sidelines, Richard Brickhouse won in a field full of mostly second-tier series drivers.
A week later, Petty and others came back. Much like what happened with Turner, whose ban was lifted in 1965, everything went back to business as usual.
However, times have changed.
NASCAR’s charter system and new rule
The Race Team Alliance formed in July of 2014 “to create an open forum for the teams to explore areas of common interest and to work collaboratively on initiatives to help preserve, promote and grow the sport of stock car racing.”
The formation led to the creation of the charter system with the guarantee of 36 teams getting entry into every race and a certain amount of prize money based on (until recently) undisclosed terms and performance metrics.
That all happened under the rule of NASCAR CEO Brian France, the grandson of Bill France who succeeded Bill France Jr. in 2003 until his arrest in August of 2018. Through many changes to the championship and race formats, sometimes on a whim, as well as the retirements of several stars, the sport lost around half of its viewership and attendance slid at similar rate.
France’s departure was welcomed by some but it ushered in a new power dynamic. Jim France, the son of Bill France and Brian’s uncle, stepped into the role of CEO in a more reserved way of holding court in the shadows while Commissioner Steve Phelps and President Steve O’Donnell have often spoke publicly on behalf of the sport’s executive leadership.
The dynamic has come to light in the antitrust lawsuit NASCAR faces. The teams met with NASCAR for negotiations over the 2025 charter agreement that grew increasingly contentious in a fight for permanent charters until NASCAR allegedly forced an 11th-hour deal without it that all but two teams signed.
The lawsuit and where we are today
Photo by Dominic Aragon/TREPhoto by Marcus Leno/TRETyler Head | The Racing Experts)
Since those two teams sued NASCAR in October of 2024, all has been laid bare publicly.
From details about the charter system that were once thought to be confidential, to text messages between NASCAR executives that could lead to other possible legal action, to emails revealing communications between teams as they feverishly worked on the deal, the case has already gone farther than anyone imagined before the trial even began.
All along, Judge Kenneth D. Bell has warned neither side may like it if this case comes down to a jury and him.
“I am once again amazed at the effort going on to burn this house down over everyone’s head but I’m a fire marshal and I’ll be here in December if need be,” he said.
“In 20 years of litigation, I have never and could never predict what a jury could do,” said JoHanna Cox, a lawyer with Stiletto Group in New Mexico.
Cox has tried a wide range of civil and criminal cases, pertaining to business and economics to even murder. The NASCAR antitrust case is within Cox’s wheelhouse as she holds a PhD in economics and has raced before.
What to know about an antitrust case
According to Cox, there are “only a few remedies a court can issue in an antitrust case”:
Monetary/Money
Discretionary
The jury will determine this and if the plaintiffs have proven “preponderance.”
“It is not the highest standard. So [if] maybe about 51% of evidence, a little more than half of the evidence, goes in their favor and the jury can follow it, it may go in their favor. It’ll be up to jurors to reach that verdict unanimously,” Cox said.
If the plaintiff — the teams — is successful, the jury will calculate the damages. Then, the judge could award them up to three times that amount, plus legal fees and any other remedies seen fit (More on that later with this case in particular.)
Possible arguments in the NASCAR antitrust trial
Coming into the trial, Judge Bell threw out NASCAR’s counterclaim but used the claim’s “market definition” to determine the trial will focus on if the motorsport has used anticompetitive acts to maintain monopsony power over the stock racing market.
“The judge’s decision, by excluding the counterclaim, limits what the defendants [NASCAR] will be able to present,” Cox said. “They won’t get to present their claims then against the teams. They can still use different things for defenses, so anything that’s an affirmative defense that could refute or dispute or show that the plaintiffs do not, by a preponderance, meet their respective claims. It’s still allowed and that would still be permissible.”
According to Cox, NASCAR is likely to argue everything was fully negotiated with the charter agreement and the teams chose not to sign. They may allege they’re not a true monopoly.
“There’s other options available for drivers. They can freely negotiate or not negotiate,” Cox said. “The plaintiffs expanded their teams, so even if they didn’t turn a profit, they still were making money to expand their team.”
Cox noted NASCAR’s case also has already some legal backbone to it. A federal appeals judge overturned an injunction put in place for the suing teams. It allowed them to run under the charter agreement and earn the same money as true chartered teams without releasing them from their antitrust case.
“The Court of Appeals ended up indicating that the specific claims that plaintiffs raised, regarding some of the terms in the contract, is not a basis for antitrust injunctions that they’re seeking here. Although it’s not fully resolving all claims, they [NASCAR] do have that as some of the legal posture in this case that they have going into the trial,” Cox said.
If the teams can prove there was an antitrust violation, NASCAR could have to pay them the money they didn’t earn while the injunction wasn’t in place plus any other damages. Once it’s in the hands of Judge Bell, NASCAR could also face a scenario where they’d have to sell off some or all of their tracks, give permanent charters to the teams, get rid of exclusivity clauses, nix the NextGen concept — and/or do all of that.
The judge could even throw out the charter system itself.
If the teams aren’t successful, Cox said, “it’s status quo,” and remaining unchartered with three cars each having no chance at a charter could be fatal.
What may be brought up during the NASCAR antitrust trial? Who may speak?
Evidence from the discovery process has ranged from documents showing 23XI Racing turned a profit in the NextGen era to ‘Gold Codes’ the sanctioning body could invoke to field cars themselves in the event of a team boycott, like the one floated during negotiations crucial to the trial.
“There’s also some indications about negotiations that occurred prior to that. In order for the plaintiffs to meet their claim that they were pressured or it was an ‘all or nothing’-type of negotiation, they’ll have some of the previous versions or other negotiations in there but the contract, ultimately, is that issue. The scope of the monopoly will be discussed a little bit but the damages portion will also need to be addressed, so those will be more technical,” Cox said.
Jurors may hear from team owners who can provide insight into the business dealings of a top-tier NASCAR team, as well as economists who can provide broader insight relating to their business and the case, Cox said.
“They’re going to have to go through numbers. Plaintiffs claim they’ve lost profits because of this type of structure that NASCAR has so there will be some very technical testimony, both on the contracts and from the economists for damages,” Cox said.
One of the exhibits submitted in the case is an article where Hendrick Motorsports’ Jeff Gordon discusses how the team hasn’t turned a profit in 10 years.
“That would be part of it. Also, the loss of profits, or potentially, and whatever economic impact there is by not having competitors in there. They’ll also probably [have] discussions about business cycles, if anyone’s opened or started a new business. Sometimes, it’s not profitable at the start, which will be addressed for the profit claims that are being made,” Cox said.
What about those text messages? And Michael Jordan?
Ultimately, when the trial starts, damning text messages about Richard Childress and fans who “can’t read” are only as good as social media buzz if they can’t relate to any antitrust matters.
“The parties have reached several stipulations over what can be used,” Cox said. “Even though text messages have come out saying ‘a, b or c’, it has to go back to the basis of the claim, showing that whatever it is was said is going to be anticompetitive or inhibitive to entry. Even though they may be dramatic or have flair, for it to go to the jury, it has to be shown to be relevant or it may not be let in.”
When it comes to Michael Jordan serving as 23XI’s business designee in the courtroom, Cox said that’s his right and the justice system will sort out any biases during jury selection.
How might the trial turn out?
We asked Cox, “Personally, in your career, have you ever had a case where a jury turned in a verdict that was completely different than what you expected?”
“Happens all the time. You can’t always read or guarantee or jurors,” Cox said. “There was a murder case that turned with a drop of blood and the underside of an arm… and that ended up being the clincher. You never know what’s gonna be most significant to a juror and how they make a decision.”
No matter the verdict in the trial, the case is likely to face an appeal. The appeal is likely to take a year, which means this is just the beginning.
Daniel Suarez’s 2025 season was not particularly one to write home about. The 33-year-old finished 29th in the standings, marking a rather underwhelming end to his tenure with the organization. The lone high point came when he won the Xfinity Series race on his home ground in Mexico City. His wife, Julia Piquet, spoke about the moment back in September.
Piquet, in a conversation with Samantha Busch, the spouse of two-time Cup Series champion Kyle Busch, was asked what it was like to race in front of so many fans who were rooting for Suarez. She explained that it was not a case of them traveling to Mexico City on a whim and returning immediately after the win. The visit had been months in the making.
Suarez and Piquet traveled to the city multiple times before the race for promotional activities, fan engagements, sponsorship meetings, and more. When race day finally arrived, it was Piquet who felt and showed the most pressure. Suarez, staying true to his nature, remained as calm and collected as ever.
She said, “I felt a lot of pressure for him. I can’t speak for him. I mean, a lot of people always ask me, ‘Does Daniel get nervous before a race?’ And I’m like, ‘Honestly, if he does, he doesn’t show it.’ He’s always cool as a cucumber. He’s always in the right mindset. I’m sure there was extra pressure obviously for Mexico City, but he never, never shows it, you know?”
Piquet had been nervous enough for both of them, given how badly Suarez had wanted to race again in front of his home crowd. The sheer number of media personnel and documentary crews following them around only added to the pressure. Once Suarez reached Victory Lane, the atmosphere turned absolutely electric, and Piquet was still in awe of it even months later.
She continued, “I get goosebumps every time I think about it because it was so magical. You couldn’t have scripted it any better. To crash in qualifying and come back in a backup car. I mean, they were singing the national anthem for the Xfinity race when they were rolling the car onto the grid because it took them up to the last minute to get it fixed or to prepare the backup car. It was a storybook ending.”
In 2026, Suarez will leave Trackhouse Racing for Spire Motorsports in the Cup Series. Expectations are that he is able to fare a lot better with the team than he did with Trackhouse.
Northern Tool + Equipment is launching a TV series with RACER Network highlighting the next generation of tradespeople, following Tennessee’s LaVergne High School CTE juniors and seniors. (Photo courtesy Northern Tool + Equipment)
Minnesota-based Northern Tool + Equipment is partnering with RACER Network to launch a first-of-its-kind television series highlighting the next generation of tradespeople — namely, high school CTE (career and technical education) students. A new four-episode series will follow Tennessee’s LaVergne High School CTE juniors and seniors as they participate in the Legends Challenge: Student Build from Northern Tool — transforming a Harley-Davidson Nightster into an XR750-inspired flat-track racer with hands-on mentorship from racers and builders.
“The work these students are doing belongs on the big screen,” said Frank Crowson, chief marketing officer at Northern Tool + Equipment. “RACER Network fans—and motorsports diehards everywhere—are going to see real talent, determination and teamwork on display. This is a serious challenge; even seasoned pros would be pushed to finish a build like this in just 174 days.”
The series will highlight Northern Tool’s mission to put professional-grade tools in the hands of high school CTE students and invest in future tradespeople with unique learning experiences and industry mentorship, according to officials in a press release announcing the program. The retailer’s investment has already impacted more than 30 schools across the country, including two previous builds—the Monster Jam Mini Build and Rat Rod Kart Build Off.
“We greenlit the Northern Tool Legends Build because the students at La Vergne High School—and the skilled trades they’re learning—are the future of motorsports,” said Scott McLemore, RACER Network vice president of programming. “The craft, the grit, the teamwork—that’s the story RACER Network tells best. We’re proud to add Northern’s Legends Build to our new show lineup next fall, and we’re already eyeing Northern’s Build 4.”
Northern Tool + Equipment is a family-owned company serving both DIYers and trade professionals as a leading supplier of more than 100,000 high-quality tools and equipment.
The series is anticipated to air in 2026. Updates can be found on social media and Northern Tool’s YouTube channel.
With around two months to go until the 2026 NASCAR O’Reilly’s Auto Parts Series goes green, Big Machine Racing made the announcement of the exit of Nick Sanchez in early December, after recording the team’s first win since 2022 this past season. Regardless, the team has since moved on, announcing his replacement on Tuesday.
Sanchez’s exit came as a surprise, given that not only did he win at Atlanta Motor Speedway in the Focused Health 250, but he recorded a further six top-five finishes as well as another five top 10s, coming home 12th in the driver’s standings.
News of the 24-year-old’s exit did not go down well with Hall of Fame driver and JR Motorsports co-owner Dale Earnhardt Jr., who labeled the decision “surprising” because of both his performances in 2025 and the late timing of it all.
Speaking on the ‘Dale Jr. Download’ podcast, the 51-year-old added, “It’s late. It’s a tough part of the year to find out that you don’t have a job for next season.”
He noted how the “talented” Sanchez could already have a new spot lined up, however, given that as of December 23 he has yet to make any announcements regarding a new home for 2026, this seems increasingly unlikely.
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“He’s decent, and he’s got some talent,” Earnhardt later added. “The other thing too I like is that he pisses some people off, right? I mean, I don’t love that cause sometimes he pisses me off or he pisses one of my guys off…But as a fan or as a broadcaster and as somebody who’s like wanting to fall in love with the sport. We need guys like that.”
With Sanchez no longer behind the wheel of the No. 48 BMR Chevrolet, it now falls upon Dr. Patrick Staropoli, who also happens to be a retina surgeon, to fill his shoes for the 2026 season.
The 36-year-old made his series debut in 2025, making four appearances for Sam Hunt Racing, finishing a season best of 16th at Martinsville Speedway in the US Marine Corps 250.
This will mark Staropoli’s first full-time season in any of NASCAR’s national series, while he also has yet to complete a full-time slate in the ARCA Menards feeder series.
“From the moment I buckled into a pure stock at Hialeah Speedway in 2003, my life’s goal has been to compete at the top levels of this sport. The path has taken many unexpected turns but after working every day for 23 years in pursuit of this dream, I now have the opportunity of a lifetime thanks to Scott Borchetta, Patrick Donahue, and Chevrolet. I am ready to do whatever it takes to put this SYFOVRE Chevy up front and raise awareness for Geographic Atrophy secondary to Age-Related Macular Degeneration by combining my passion for motorsports and medicine.”
BMR crew chief and team manager, Patrick Donahue, said the team was “pleased to welcome Dr. Patrick Staropoli to the #48 Big Machine Racing team for the 2026 season.
“He brings a rare blend of professionalism, focus, and drive that will continue to strengthen our organization. This partnership reflects our commitment to surrounding the team with individuals who share our values and vision for building long-term success.”
A familiar name is set to return to NASCAR’s biggest stage after MBM Motorsports confirmed that veteran driver Casey Mears will look to qualify for the Daytona 500 for the first time since 2019. Mears has competed in ‘The Great American Race’ fifteen times with his best finish of second in 2006.
Team owner Carl Long confirmed that MBM Motorsports and Garage 66 will field the No. 66 entry for Mears on NASCAR radio on Tuesday. The 47-year-old driver’s return places him among the notable non-chartered NASCAR entries attempting to race their way into the field.
Mears has not started the Daytona 500 since 2019, when he finished 40th after crashing in Stage 2. He made several starts for the MBM and Garage 66 last season. Alongside Mears in the No. 66, confirmed open entries include Justin Allgaier in the No. 40 for JR Motorsports, B.J. McLeod in the No. 78 for Live Fast Motorsports, and Jimmie Johnson in the No. 84 for Legacy Motor Club.
Several additional teams, including RCR, NY Racing, Team AmeriVet, Tricon, Beard Motorsports, and 23XI, have also been mentioned as potential entrants, creating a tight qualifying environment.
During his 16-year Cup career, Mears has started 494 races, with one win, 51 top-10 finishes, and three poles. His only Cup win occurred at the 2007 Coca-Cola 600 in Charlotte, which established him as a fan favorite during his prime.
His first Cup race came in the 2003 Daytona 500, making this return a full-circle moment more than two decades later. Carl Long’s own Daytona 500 history adds another layer to the storyline.
As a team owner, Long has endured a series of DNQs at Daytona, with failed qualifying attempts stretching from 2000 through 2009 across multiple teams and manufacturers. The entry with Mears represents another chance to finally break through at a race that has repeatedly slipped just out of reach.
MBM Motorsports will also field an ARCA Menards Series entry at Daytona for Derek White. The Canadian stock car driver’s only registered Cup Series race was the 5-hour Energy 301 in New Hampshire, where he finished 33rd.
Mears also made his Truck Series debut with the team last season at Martinsville Speedway and drove the No. 69 Pit Stop Diecasts Ford F-150 for his 600th NASCAR start. He raced to a 24th-place finish during the Slim Jim 200 and said how special it was for the team to give him such an opportunity.
“It’s pretty special to come back to Martinsville for my 600th NASCAR start,” said Mears. “This sport has given me so many incredible experiences, and to make my Truck Series debut with MBM Motorsports and The Pit Stop Diecasts at such an iconic track is exciting.”
“The Truck Series has always been on my list. It’s tough, exciting racing, and Martinsville is the perfect place to make it happen.”
“We are not a NASCAR team that is going dirt racing. We are dirt racers who happen to have a NASCAR team.”
Spire Motorsports is going dirt track racing on a much larger scale in 2026. In addition to their NASCAR efforts, they’ll also field a 410 winged sprint car entry. The new team will race full time in the Kubota High Limit Racing series.
In the middle of the 2025 season, Scelzi parted from KCP Racing. He finished the season with Clauson Marshall Racing, filling the seat for the injured Tyler Courtney. Now, he has a new ride…
Giovanni “Gio” Scelzi has been signed as the driver. He was previously awarded the 2023 World of Outlaws Rookie of the Year. Scelzi has 12 race wins in national competition.
Eric Prutzman will join the team as the crew chief after taking Brad Sweet to six national championships.
He’ll also race in the 40th annual Chili Bowl Nationals in Tulsa. The car is a Spire Motorsports’ Chili’s-sponsored entry fielded by Keith Kunz.
Spire Motorsports has acquired a High Roller Club membership (charter) ahead of the 2026 season. It was purchased from Jason Myers Racing.
High Limit Sprint Cars introducing charter system to dirt racing
Spire Motorsports Co-Owner Jeff Dickerson comments
“Going on the road with High Limit is like a dream come true and to do this with people I have deep respect and appreciation for makes it even better,” said Spire Motorsports Co-Owner Jeff Dickerson in the team release.
“We’ve worked with and for Kyle (Larson), Brad (Sweet), Kendra (Jacobs) and JP (Josh Peterman) for years and I have an immense amount of gratitude to them for not only building a great series but for making a series that offers long-term growth to all of us in a sport we all love.”
“I’m thankful to Tim Clauson and the Marshalls for providing us a launch pad to make this jump and look forward to working closely this season.”
He added, “We are not a NASCAR team that is going dirt racing. We are dirt racers who happen to have a NASCAR team. This is in our blood and we can’t wait to get to Vegas in March.”
Gio Scelzi comments
“To see the enthusiasm from the employees at Spire Motorsports, that’s really something that made an impact on me,” said Scelzi.
“The NASCAR stuff is their job but it’s pretty obvious they enjoy sprint car racing. We’ll likely run 80 to 90 times a year at probably 50 different race tracks, but when you have an owner like Jeff (Dickerson) who truly loves sprint car racing and comes from that background, it really makes this an exciting opportunity.”
“I’ve known Eric (Prutzman) for a long time. When I was probably 10- or 12-years-old, when Donny Schatz was driving for Tony Stewart Racing, those guys would work out of my dad’s shop during that three-week West Coast swing and Eric was the tire guy at the time, so we became friends and stayed in touch.”
“I’ve watched Eric’s career and he’s had amazing success. The guys who run up front all have really good equipment so, now more than ever, it’s the people. Having someone as accomplished as Eric is just as important as the equipment.”
“I’m thrilled to race the Chili Bowl, again. I’ve run it three times in the past. I ran for Clauson Marshall Racing my first time and made the show.”
“The two years after that, I was there with Chad Boat Racing. To race a car prepared by Keith Kunz at the Chili Bowl is a dream come true. They’ve won prelim after prelim and Saturday after Saturday. The Chili Bowl is an event where being lucky is just as important as having a fast race car and putting yourself in position to win a race.”
“I’m really looking forward to getting back there. I’m really grateful to Jeff, Keith and the whole team at Chili’s for the opportunity.”
NASCAR charter sold for $40M to Spire Motorsports; New record
Links
Gio Scelzi | Spire Motorsports | High Limit Racing | NASCAR
Ten Tenths Motor Club has named longtime automotive executive Andy Thomas as its new Vice President of Manufacturer Relations, bringing more than three decades of global experience in luxury automotive sales, marketing and brand management to the newly opened motorsports and lifestyle destination.
In his new role, Thomas will develop and maintain relationships with OEM partners to understand their needs, perspectives and objectives, while working to identify opportunities for growth by leveraging new and existing partnerships to increase facility usage.
Thomas joins Ten Tenths Motor Club after serving as Vice President of Marketing and Communications for McLaren Automotive North America since 2015, where he led strategic marketing, communications and global strategy that helped drive record sales growth. During his decade with McLaren, Thomas oversaw experiential events in over 30 major metro markets and developed retail programs that significantly increased sales conversions and owner engagement.
“Andy’s reputation and relationships within the global automotive community are unmatched,” said Rick Hendrick, who founded Ten Tenths Motor Club in partnership with Speedway Motorsports. “His leadership will be instrumental in strengthening our partnerships with manufacturers and luxury brands as we continue to establish Ten Tenths as a world-class venue for automotive experiences.”
Prior to McLaren, Thomas served in leadership roles with Rolls-Royce Motor Cars in both Goodwood, U.K. and North America, where he guided global brand alignment and oversaw international marketing strategy across Europe, Asia-Pacific and the Middle East. Earlier in his career, he held key marketing and sales roles with BMW of North America, Ferrari North America and Land Rover North America, gaining experience in dealer relations, product marketing and luxury customer engagement.
“Our vision for Ten Tenths Motor Club is to establish the facility as not only a premier experience for passionate automotive enthusiasts, but also to create a destination for corporate events that is unmatched in the automotive industry,” said Speedway Motorsports President and CEO Marcus Smith. “We look forward to Andy joining our efforts to invite manufacturers from around the world to Ten Tenths Motor Club and the greater Charlotte region.”
A Clemson University graduate with a Bachelor of Science in Mechanical Engineering, Thomas also serves on the Board of the Erwin Center for Brand Communication at his alma mater. In that role, he mentors students, sponsors real-world marketing projects and connects students with opportunities across the automotive and luxury brand landscape.
A native of Salisbury, Maryland, Thomas began his career in dealer operations at Fox Chevrolet in Baltimore before joining the OEM side of the industry. His work has taken him across the United States, the United Kingdom and Europe, building a broad network and a deep understanding of international brand collaboration.
“I’m thrilled to join Ten Tenths at such an exciting time,” Thomas said. “The club’s vision represents the next evolution of automotive lifestyle and performance culture. I look forward to connecting global manufacturers with this extraordinary facility and to becoming part of the Charlotte community.”
Located adjacent to the iconic Charlotte Motor Speedway, Ten Tenths Motor Club combines exclusive track access, curated events and premium hospitality to create an unparalleled environment for members and partners. The facility has quickly become a premier destination in the Charlotte metropolitan area for automotive launches, luxury brand activations, enthusiast experiences and special events. Tickets are now on sale for Ten Tenths Motor Club signature public event, Heritage Invitational, April 9-11, 2026.
