Motorsports
SRX’s threat to NASCAR takes center stage in antitrust trial
It’s becoming clear through four days of the 23XI Racing and Front Row Motorsports v NASCAR antitrust trial that the now defunct SRX series will play a role in determining in the outcome of the case in the eyes of the jury.
In questioning NASCAR executives (president) Steve O’Donnell and (EVP-strategy) Scott Prime over the past two days, 23XI and FRM attorney Jeffrey Kessler has started to paint a picture that the Sanctioning Body’s leadership became increasingly aware of a potential competitor series and reacted to it in tangible way.
This is important because this case, as decided by a jury, will answer in part if NASCAR is using its position as a monopoly in the premier Stock Car racing space to harm competition or those operating in the space, like the teams.
So the fact that Superstar Racing Series keeps coming up in the line of questioning is more signal than noise.
NASCAR started to show concern about SRX during the summer of 2022, during the second season of the midweek short track series, as it negotiated with teams over the terms of the charter agreement extension.
What would happen if teams ultimately rejected in large numbers a final NASCAR proposal? They asked themselves that as early in June 2022 because it was possible, as referenced by Prime, that teams and drivers could race in SRX.
This was especially a concern as NASCAR began to feel as though SRX started to infringe on its identity. For example, SRX started out in 2021 as a series that ran on three dirt tracks and three paved short tracks using a roster of retired legends and a local hero from each venue.
By the second year, races started to more frequently feature Cup Series drivers and the final year in 2023 saw Brad Keselowski run the entire season with cameo appearances from the likes of Kyle Busch and Chase Briscoe. Chase Elliott appeared in races.
“I recall we all became concerned with the look and the feel of the series, yes,” O’Donnell said while under questioning from Kessler.
However, O’Donnell pointed out that 2016-2024 charter agreement didn’t prevent drivers from participating in the series. But of concern to O’Donnell and his peers is that team owners like Hamlin and Justin Marks also made starts.
The series was also co-founded by a charter holding team owner, at the time, in three-time Cup Series champion Tony Stewart, which led to O’Donnell having a conversation with then Stewart-Haas Racing president Brett Frood that assuaged his concerns, but only temporarily.
“I learned from Brett Frood that the original plan was to not look like NASCAR, feature NASCAR drivers,” O’Donnell said, “but these are all things that ended up happening.”
How did NASCAR respond to that threat? Consider this June 29, 2022 discovered conversation between Prime, Phelps, Ben Kennedy and O’Donnell.
—
O’Donnell: Justin marks is racing srx?
Ben Kennedy: Saw that too. Disappointing.
Prime: They just don’t get it. I’m sure its cool for Justin to go get behind the wheel but there’s no regard for the bigger picture. And maybe that’s on us for not giving them that incentive, I don’t know. But you’ve got Marks, Chase (Elliott), Tony (Stewart) and (Ryan) Blaney racing on a network that competes against our rights holders. They outrated (on television) Xfinity and Trucks last weekend; it isn’t some local dirt track stuff.
O’Donnell: Actually you have one of the voices of FOX in Waltrip, an owner of Cup cars in Stewart, our most popular driver for years and one of our champs fathers etc. This is exhibit ‘a’ that nobody gives a shit about what got them their careers. Pay em some money and they are all in. The guy who cried about safety every single day is in a box car without SAFER Barriers and not a care in the world. And by the way, who does Curtis (Polk, 23XI co-owner) have hanging with (Michael Jordan) over the weekend in Nashville? Not Ben, not me or (Scott) Prime or anyone – Marty Smith from ESPN. Coincidence? 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.” Wait until (Dale) Jr. says he is running an event. Matter of time. They will go to North Wilkesboro with Jr. if we are not careful. We need to be the first back.
Prime: Agreed – North Wilkesboro and Bowman Gray next year with Jr and friends if we don’t make moves
O’Donnell: How about this for All Star – make it a combo – Bowman and Wilkes Fri/Sun
Prime: Sick! And flip it for 2024. We’ve got moves to make. Just need to sell them through. Should be a good working session Thursday
Phelps: That’s the key – we need to have everyone understand that this could turn into LIV if we don’t play our cards right. We are smarter than they are – but part of the issue is they don’t have the facts and don’t seem to want to take the time to learn or maybe they just don’t care. It’s all about the money and feeling like they have been heard and are respected. 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.
—
This was an example of their concern, and NASCAR ended up adding both Wilkesboro (2023) and Bowman Gray (2025) to the Cup Series schedule in the years that followed.
Speedway Motorsports, which owns numerous tracks and dates on the Cup Series schedule, wanted to add an SRX date in 2024 for debt servicing purposes but was blocked by NASCAR, which has tracks sign an exclusion provision. NASCAR did not allow SM to schedule that race.
O’Donnell was asked why in his testimony by Kessler.
O’Donnell said NASCAR was in the middle negotiating a new broadcast rights agreement ‘and SRX started to look like NASCAR, so we said no.’ He added that ‘we (NASCAR) wanted to gain as much TV revenue for the teams and tracks as possible.’
Meaning: NASCAR felt like the existence of SRX, and an increasingly viable SRX on a major television platform, was a potential hurdle to NASCAR’s negotiations, to say nothing of what O’Donnell thought created confusion in the marketplace.
He said he felt like, given the state of TV negotiations, that everyone in the sport should have been, and wanted to be, all-in on NASCAR.
Then there’s this February 1, 2023 text exchange between Phelps and O’Donnell.
Phelps: Oh great, another owner racing in SRX
O’Donnell: This is NASCAR. Pure and simple. Enough. We need legal to take a shot at this.
Phelps: These guys are just plain stupid. Need to put a knife in this trash series.
Why did O’Donnell want legal to look at it, asked Kessler?
“I thought it looked more and more like NASCAR.”
Is it because he wanted SRX stopped?
“I just wanted legal to take a look at it.”
As for Wilkesboro and Bowman Gray being added to the Cup schedule, Kessler suggested this as anti-competitive behavior and O’Donnell said the promotional family at BGS, and the Frances, goes back generations.
This is true.
O’Donnell said that family wanted to sell their lease, and with NASCAR’s roots going back to the 50s there, and still sanctioning the weekly track program, the league was all the more welcome to pick up the lease. He said Speedway came to NASCAR wanting a Cup race at Wilkesboro, as they own it, and that request was merely granted.
Kessler hammered the point home one more time, before moving on, that these moves all came after these text exchanges specifically bringing up taking Cup to these tracks in response to the threat of the SRX series.
SRX’s 2024 season never materialized as it announced its closure in January 2024 for reasons that still haven’t been made clear.
O’Donnell conceded in his testimony that ‘he thinks about it every day’ about the possibility of a breakaway series and it’s in his job description to assess the landscape for adverse headwinds to the NASCAR business.
He and his fellow senior leadership peers expressed concern in an email chain after a meeting with the teams over charter negotiations in March 2022 that the teams could form or join a competitor series.
So, track agreements, with O’Donnell’s oversight, received more extensive non-compete clauses that extended two years plus another two years. O’Donnell says the second two-years only kicked in with agreement to terms after the first two years, despite what the discovered emails said, and that the extended agreements was merely about scheduling purposes.
But what does the non-compete apply to, given that it was implemented against SRX racing at a SMI facility?
“If it looked like it infringed upon our IP,” O’Donnell said.
Regardless, O’Donnell and Prime were so concerned that the teams could form their own series or partner with SRX and Speedway Motorsports and run two races at every SMI facility plus one at Eldora Speedway, owned by Stewart, and the Indianapolis Motor Speedway owned by fellow Cup Series team owner Roger Penske.
O’Donnell said he wanted track agreements finalized with Speedway Motorsports by that Saturday before the teams could explore that option.
Prime and O’Donnell also felt like the team owners could sell their charters to F1 owning Liberty Media and/or run this mid-week style series.
No matter what, LIV Golf and how it challenged the hegemony of the PGA Tour, created a degree of nervousness within NASCAR circles.
O’Donnell is pro team
Nascar President, Steve O’Donnell
Photo by: Jared C. Tilton / Getty Images
O’Donnell took notes during a meeting with team owners in 2022, the first time in which the two sides discussed the charter negotiations ahead of them, where the executive was told that the current model was ‘broken’ for the competitors.
He noted, literally, that teams could be one lost sponsors away from going out of business.
His notes read ‘the business model is broken for the teams,’ after being shown a compositive financial report that showed cars costing $20 million per entry per season, and O’Donnell taking that at face value.
“We knew the industry was challenged,” O’Donnell said when asked about his takeaways.
At the time, the charter agreement paid 65 percent of broadcast rights revenue to tracks, 25 percent to teams and 10 percent to the Sanctioning Body itself.
In that meeting, 23XI investor and eventual Teams Negotiating Committee chairman Curtis Polk told the NASCAR leadership team that the teams had three primary goals – maximize broadcast rights revenue, increase competition and introduce a spending salary cap.
During that meeting, Jeff Gordon of Hendrick Motorsports asked Ben Kennedy, the great grandson of NASCAR founder Bill France and nephew to Jim, if ‘the family was open to a new financial model’ to help the teams.
At the time, Kennedy said yes.
Kessler asked O’Donnell on Thursday if that was actually true.
“No.”
By February 14, 2023, O’Donnell said in an hand-written note that he hoped the future leadership would skew younger.
“I was hoping the future board would include the next generation and was hoping to see that change,” O’Donnell typed.
Jim France is 81.
O’Donnell said that the ‘legacy mindset’ in the NASCAR Board ‘inhibited growth.’
But through it all, O’Donnell did try his best, even in conversation with the elder France to make headway for the teams, but 21 of the 22 Amanda Chart issues remained either neutral or NASCAR wins.
“Mr. France was the brick wall in the negotiations,” Kessler suggested to O’Donnell referring to a text message line from Prime.
And the response?
“Those are your words, not mine.”
O’Donnell has been at NASCAR since 1996. And while he is very passionate, sometimes to the point of acrimony, Kessler did not get an emotional response out of the longtime executive who instead stuck to his broader points about trying to help the teams and NASCAR leadership all find a degree of commonality.
“My job every day is to grow the sport.”
He frequently spoke to the ‘stakeholders’ and said that growth applies to his bosses, but also the teams and the fans. And if that means making his bosses mad at him?
“The Frances have always told me that they don’t hire ‘Yes People’ and that sometimes his job is to speak up to the broader issues within the garage.
And while much of this case has been about the teams’ financial struggles, the basis for their arguments for more money in the charter negotiations, O’Donnell illustrated on Thursday that NASCAR frequently invests into the sport at great loss too.
For example, the three years spent racing in Downtown Chicago cost NASCAR $55 million, according to O’Donnell.
Why did NASCAR do it?
“It was a strategic investment because if not for that, Amazon would not have become a broadcast partner,” said O’Donnell.
NASCAR said it lost $6 million racing in Mexico City this year but did so because it was important to Amazon, who kicked in an addition $1 million in race purse.
For what it’s worth, Kessler could only do math to find $500,000 of that loss and O’Donnell couldn’t explain the rest of the $5+ million beyond ‘logistics.’
Jenkins cross-examined
The morning on Thursday opened with the rest of Front Row Motorsports owner Bob Jenkins cross-examination and re-examination.
NASCAR spent Wednesday evening and Thursday morning attempting to paint a picture, over the past two days that Jenkins has used his other businesses to misrepresent FRM’s financials.
Jenkins has testified that it costs $20 million per car to race in the Cup Series, but NASCAR attorney Lawrence Buterman produced discovery documents that showed the most Front Row has ever spent on a Cup car is $14 million.
Jenkins said the $20 million is the aggregate of multiple teams as used in a teams’ document.
“The median cost is $20 million; the fact I can do it for less helps me reduce my costs,” Jenkins told Buterman.
Buterman pointed to documents that showed part of what Front Row is asking for in damages matches a $1.2 million loss from his Truck Series team, which is unrelated to the lawsuit and the Cup Series charter system.
Jenkins conceded that Truck Series losses shouldn’t have been included.
Another point of the lawsuit is 23XI and Front Row suggesting that NASCAR’s characterized ‘take it or leave it’ final charter offer to the teams on September 6, 2004 was the behavior of a monopsonist acting anti-competitively.
That day, NASCAR sent the charter document to teams and told them they had by the end of the business day to sign it or lose their charters.
Buterman admitted evidence that Jenkins deployed the same approach in 2021 with 23XI Racing co-owner and co-plaintiff Denny Hamlin over a proposed merger between their two teams.
In the text, Jenkins told Hamlin ‘we can’t keep negotiating this forever,” Jenkins wrote in a text and that’s “…why we decided we had to have a deal by 5 p.m.”
Similar to Buterman trying to draw parallels to Hamlin and Jenkins having exclusivity clauses built into their contracts with drivers, despite drivers having options of where to drive, as similar to the track exclusivity clauses and charter goodwill provisions, Jenkins fended this off with a legal response too.
“This is another one of your analogies that doesn’t work,” Jenkins said, since Hamlin could also buy a charter from Starcom or Rick Ware Racing, which were on the market at the time.
Jenkins had a text message with President Jerry Freeze that said ‘tell Rick Ware he can charge whatever to Hamlin’ for a charter. Jenkins said that wasn’t him imposing a term on RWR and that he didn’t share privy financial information about the proposed 23XI, FRM merger.
That merger never happened, Jenkins said, because Toyota could only field one engine program and not two and the deal was for Jenkins’ two charters.
“I couldn’t run one Ford and one Toyota,” and the deadline he gave Hamlin was because Ford and Roush needed to know if Jenkins was leaving for TRD and Hamlin or not.
Speed it up
Charles R. Jonas
The day ended with Judge Kenneth D. Bell criticizing the pace of the trial to this point with just three witnesses in as many days.
“I get the impression that this is not moving along the way we all would like it to.”
Judge Bell said he was hesitant to introduce a chess clock to force both sides on a timer but says he wants future witnesses to answer ‘the most harmless of questions’ a little quicker with less dodging.
“There are uncomfortable texts and emails for both sides, so just acknowledge it as a bad look and get on with it,” Bell said.
And if they don’t, Judge Bell is going to start being the one to ask the witness to answer.
Bell says the jury is being subjected to redundancy ‘and they’re seeing a lot of trees and not a lot of forest’ and ‘they are seeing tree after tree.’
NASCAR had intended to call Roger Penske as a witness but is only available on Monday. Chris Yates, the lead attorney for NASCAR’s defensive, asked that Penske be allowed to testify on Monday even if out of order. Kessler objected because it would disrupt the story and order he intentionally is trying to present to the jury.
Bell agreed with Kessler and NASCAR was told to have Penske available when his time comes because ‘federal trials are an inconvenience.’
The jury was told this would be a two week trial, but now it’s looking to extend into the third-week, and Bell said the inconvenience on the jury would be unacceptable to increase that commitment by 50 percent.
“I would have a full blown riot,” Bell said of his jury, approaching the holidays.
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Motorsports
NASCAR Antitrust Lawsuit: “Like a Gun to Your Head,” Team Owner Testifies in Court
A major antitrust trial against NASCAR revealed tense internal negotiations. The federal case in Charlotte features emotional testimony from team owners. Key plaintiffs are 23XI Racing and Front Row Motorsports.The heart of the dispute is NASCAR’s charter system. Teams claim the sanctioning body used unfair tactics to force a new deal.
Heather Gibbs Details “Devastating” Six-Hour Ultimatum
Heather Gibbs of Joe Gibbs Racing testified on Friday. She described being given a 112-page charter extension to sign. The deadline was just six hours on a September evening in 2024.She called the document something you would never sign in business. Gibbs said it felt like having a gun to your head. According to her testimony, the choice was sign or lose everything.Charters guarantee a spot in every Cup Series race. They also provide a defined share of revenue. The system was created back in 2016.Teams had asked for charters to be made permanent. This would provide long-term financial stability. NASCAR’s final offer refused this key demand.Only two teams refused to sign the last-minute extension. They are the plaintiffs in this lawsuit. All other charter holders signed under pressure.


Michael Jordan Takes the Stand in Packed Courtroom
NBA legend and 23XI co-owner Michael Jordan also testified. The courtroom was notably packed for his appearance. His team alleges monopolistic behavior by NASCAR.Joe Gibbs Racing employs 450 people. The team relies entirely on sponsorship money. Gibbs testified that permanent charters are vital for protecting their investment.She spoke about the team’s legacy and family history. Both of Joe Gibbs’ sons have passed away. Protecting the organization’s future is a central concern.According to testimony, Joe Gibbs called NASCAR Chairman Jim France. He pleaded for a different resolution to the standoff. France reportedly ended the conversation abruptly.The outcome of this trial could reshape NASCAR’s business model. It questions the balance of power between the series and its teams. A verdict is expected in the coming weeks.
Toronto Godspell Launched Comedy Legends, New Documentary Reveals
The NASCAR antitrust lawsuit highlights a deep rift over the sport’s financial future. The plaintiffs seek a ruling that could redefine team rights permanently.
Info at your fingertips
Q1: What is a NASCAR charter?
A charter is like a franchise in other sports. It guarantees a team a starting spot in every race. It also provides a defined share of series revenue.
Q2: Who is suing NASCAR?
The plaintiffs are 23XI Racing, co-owned by Michael Jordan, and Front Row Motorsports. They filed a federal antitrust lawsuit. They claim NASCAR operates as a monopoly.
Q3: What was the “gun to the head” comment about?
Heather Gibbs used the phrase to describe NASCAR’s negotiation tactic. Teams were given a six-hour deadline to sign a complex extension. Refusing meant potentially losing their charter.
Q4: What do the teams want from this lawsuit?
The teams want the court to rule NASCAR’s practices are anti-competitive. They seek changes to the charter system. A core demand is making charters permanent assets.
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Motorsports
Former NASCAR driver Michael Annett dies at 39
Former NASCAR driver Michael Annett has died. He was 39.
JR Motorsports announced Annett’s death in a social media post Friday evening with no other details. Annett drove for the team in the Xfinity Series for five seasons from 2017-21.
Annett made over 100 starts in NASCAR’s Cup Series and over 300 starts in NASCAR’s second-tier Xfinity Series. Annett’s lone Xfinity Series win came in 2019, when he won the season-opening race at Daytona. He went on to have five more top-five finishes and finished ninth in the points standings that season.
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His best season in the Xfinity Series came in 2012 when he drove for Richard Petty Motorsports. Annett had six top-five finishes and 17 top-10 finishes and finished fifth in the points standings.
At JR Motorsports, he never finished outside the top 15 in the points standings.
Annett competed in 106 Cup Series races over the 2014, 2015 and 2016 seasons. He drove for underfunded teams Tommy Baldwin Racing and HScott Racing during his time at NASCAR’s top level and had just six top-20 finishes in his Cup Series career. His best finish came in 2015 when he was 13th at the Daytona 500.
Annett retired after the 2021 season after he dealt with a stress fracture in his right leg for much of the season. He missed seven races that year. He also missed races during the 2013 season after he suffered a fractured and dislocated sternum in a crash at Daytona when his car slammed head-on into the wall.
Motorsports
Michael Annett, former NASCAR driver, dies at 39
FILE – Michael Annett, driver of the #1 Pilot Flying J Chevrolet, waits on the grid prior to the NASCAR Xfinity Series Kansas Lottery 300 at Kansas Speedway on October 23, 2021 in Kansas City, Kansas. (Photo by Sean Gardner/Getty Images)
Michael Annett, a former NASCAR driver and winner in the Xfinity Series, has died at 39.
JR Motorsports, a team Annett drove for, confirmed his death Friday in a social media post.
Michael Annett cause of death
What we know:
Annett’s death was announced Friday, but no details have been released. Annett was a native of Des Moines, Iowa.
What we don’t know:
It’s unclear when and how he died, though former NASCAR driver Brad Keselowski said he’s “glad he is no longer suffering.”
What they’re saying:
“NASCAR is deeply saddened to learn of the passing of former NASCAR driver Michael Annett,” NASCAR said in a statement. “Michael was a respected competitor whose determination, professionalism, and positive spirit were felt by everyone in the garage. Throughout his career, he represented our sport with integrity and the passion of a true racer. NASCAR extends its condolences to Michael’s family and many friends.”
“Our thoughts and prayers are with the entire Annett family with the passing of our friend Michael Annett,” JR Motorsports shared on social media via X. “Michael was a key member of JRM from 2017 until he retired in 2021 and was an important part in turning us into the four-car organization we remain today.”
Michael Annett’s career
The backstory:
According to NASCAR, Annett made 436 combined starts in NASCAR’s three national touring series. He was most prominent in the Xfinity Series with 321 starts.
In 2019, Annett won the series’ season-opening race at Daytona International Speedway. It was his only national-level win.
Annett was also a two-time winner in the ARCA Menards Series, once in Talladega and once in Daytona.
Annett debuted in the Xfinity Series in 2008, then went full-time in 2009. He drove for Germain Racing, Rusty Wallace Racing, Richard Petty Motorsports, Turner Scott Motorsports and JR Motorsports, which is co-owned by Dale Earnhardt Jr.
He stepped away from racing after the 2021 season due to a stress fracture in his leg.
The Source: This report includes information and comments from NASCAR, JR Motorsports and NASCAR driver Brad Keselowski.
Motorsports
Michael Jordan, Heather Gibbs headline Friday in NASCAR trial
Michael Jordan took the stand on Friday afternoon in the Western District of North Carolina to close out the first week of the 23XI Racing and Front Row Motorsports v NASCAR antitrust lawsuit trial to much fanfare.
Jordan, who co-owns 23XI Racing with Cup Series driver Denny Hamlin and longtime business associate Curtis Polk, are suing NASCAR and CEO Jim France and the 15-month process reached the trial phase this week.
As a refresher, the court has determined that NASCAR is a monopsony, or in layman’s terms, a buyer’s monopoly. The Sanctioning Body is the only purchaser of premier Stock Car racing teams in the market and the question for the jury is whether or not that market power was used to hurt competition and depress the earnings of race teams during the charter extension negotiation period.
Basically, 23XI and Front Row allege that they would have earned more revenue from NASCAR if not for anticompetitive behavior from France that also took on the form of preventing competition from emerging in the marketplace.
Ultimately, 13 of 15 teams in the Cup Series signed the charter extension after over two years of contentious negotiating but the team owned by Hamlin and Jordan did not, alongside FRM owner Bob Jenkins.
“Someone had to step forward to challenge NASCAR,” Jordan said during his time on the stand.
Much of his one hour made the case that NASCAR should be operated more like the National Basketball Association, where he made his claim to fame, in which the league and teams split revenue closer to 50 percent but also share growth responsibilities more evenly.
“If you share responsibility, the healthiness of the sport can grow,” Jordan said. “It needed to be looked at from a whole different perspective. That’s why we’re here.”
The rebuttal from NASCAR, which was made in court on Friday from defense attorney Lawrence Buterman, is that NASCAR is privately-owned by the France family and is not a stick-and-ball league in which the teams effectively own the sport.
Jordan told Buterman that such privately owned sports ventures are ‘rarely successful.’
And yet, Jordan bought into Hamlin’s vision, and even put up the most money to launch what was originally called ‘Michael Jordan Motorsports with Denny Hamlin.’ He is the majority owner and has put $35 to $40 million into the race team.
He did so despite Polk, who has managed many of his affairs for 35 years, telling Jordan that NASCAR was ‘risky to (his) brand and image’ and risked the loss of tens of millions of dollars ‘but you want to do it so I’m doing my best to manage it.’
To wit, Jordan is a professed life long NASCAR fan and was entirely bought-in to Hamlin’s vision that the NASCAR team could at least make a projected $900,000 profit.
Has the team made a reasonable profit?
“Yes.”
Despite the profits, which Jordan claims is a matter of how professionally run the team is while having his star power to lean on, he doesn’t think the charter system’s current construction is equitable. Jordan said he entered NASCAR with optimistic eyes but found the ‘nature of the business to be unfair’ as he spent more time understanding its economic model.
So then, why did Jordan continue to purchase these charters at continually increasing prices? The third charter cost $28 million after the second cost 13.5 and the initial one cost $4.7 million.
“There was a discussion between me and Denny about being successful… people who know me know I like to win and I will pursue anything to win and getting a third charter improves our chance to win the championship.”
Jordan said he was ‘very invested’ in the sport and there were so few charters available and struck while the opportunity persisted itself … even amidst the contentious charter negotiations they ultimately didn’t sign.
Even in this moment, where his party has sued NASCAR, Jordan believes a refined business model that is an equal partnership would benefit all involved.
“The thing I’m hoping for is you create more of a partnership between two entities,” Jordan said. “If that’s the case, it becomes a more valuable business. If you can ever compromise on the things that matter, you can grow your business.”
As part of the trial, and the cross examination with Buterman, NASCAR got opportunities to continue to build their case as well.
Throughout the week, NASCAR has painted Polk as an outsider who came into NASCAR with Jordan and Hamlin with no other interest beyond eventually getting to the point to where 23XI Racing would sue the Sanctioning Body.
It produced discovered documents where Polk expressed that he found races ‘boring as shit’ and painful to watch.’ As Buterman told the jury through his cross-examination, Jordan and Hamlin genuinely love racing but Polk doesn’t.
Therefore, he doesn’t view it in any other way beyond a business opportunity. Buterman asked Jordan if his longtime manager enjoyed racing like the other partners do.
“Obviously not,” Jordan said.
Buterman presented evidence that showed a text where Polk told Jordan ‘our plan is to be a pest and have a mosquito bite every week,’ during charter negotiations with NASCAR. His plan was to leak financial proposals to the media.
Jordan’s response?
(Thumbs up emoji)
At one point in negotiations, Jordan asked Polk ‘how is it going,’ and Polk said 8-9 smaller teams sent a proposal for a permanent charter system to NASCAR that asked for $11 million per chartered car. It’s 23XI and Front Row’s position that teams need $20 million per and only ended up getting $12.5 million in the 2025 agreement.
Polk said he wanted to have a meeting with them to ‘educate them on why that wouldn’t be acceptable to the teams.’
Jordan’s response?
(Thumbs up emoji)
Polk said eventually he was going to send a different letter to NASCAR with ‘alternative evergreen language.’
There was a moment of levity between Jordan and Buterman before the session ended.
Buterman: “Thank you for your time and thank you for making my nine year old think I’m cool.”
Jordan, to Buterman, who normally wears sneakers with his suit: “You’re not wearing your Jordans today.”
Buterman: “I’m not.”
Heather Gibbs
While Jordan was the headline witness, Heather Gibbs was arguably the most impactful of the day. The daughter-in-law of team founder Coach Joe Gibbs preceded ‘Air Jordan’ the hour prior.
While on the stand, she spoke to her history in the sport, one in which she met the son of Joe … Coy … and fell in love with him and their favorite sport. This was also the first time she had spoken publicly about the November 2022 death of Coy, in which ‘my husband didn’t wake up,’ the morning after their son Ty won the Xfinity Series championship at Phoenix Raceway.
Since then, Heather has been more involved with the day-to-day operations of Joe Gibbs Racing and in the charter negotiations. In this time, she said she fully understand now that the financial realities of the Cup Series are “very challenging for the teams,” especially for a family that has no other business to subsidize their losses.
Heather wrote a fiery letter to NASCAR leadership in response to league commissioner Steve Phelps’ assertion that team spending was reckless. She said the comment bothered her, and while she ultimately believed NASCAR needed a different economic model, heaped praise and respect for the France family.
Upon being given the deadline to sign the charters, one that several high-level team people continue to call a ‘gun to the head’ proposition because that’s what NASCAR leadership seemed to agree that it was in their own discovered words, Joe Gibbs told France ‘don’t do this to us.’
Heather said the final draft came in at 5 p.m. on September 6 and they were given until 6 p.m. to sign it, but independent of matters that they disagreed over, the document was also riddled with grammatical and syntax issues. NASCAR said they would fix these issues with side letters. Heather said the agreement didn’t guarantee any broadcast revenue in the seven-year extension period beyond the first seven years.
When Heather called France, she said his response to their concerns was ‘I’m done with the conversation’ and ‘If I wake up and I have 20 charters, I have 20 charters.’
So why did she ultimately sign it?
Heather said that in real time, she only could think of Coy and JD’s legacy, and that JGR not signing the charters and the risk of losing any kind of agreement was too much to bear.
In cross examination, Heather was asked about this continued issue of charter permanency, making the charters permanent rather than something that has to be negotiated every year, closer to a stick-and-ball league franchise.
She said she used ‘auto-renewal with terms’ to NASCAR as opposed to ‘evergreen’ or ‘permanent’ because there was something about the word ‘permanent’ that bothered Jim.
NASCAR team types each say, despite pushback from NASCAR, that permanent charters doesn’t mean permanent terms. The teams just wanted the asset to be permanent because that would increase it respective enterprise values.
O’Donnell wraps up
All told, between the past two days, NASCAR president Steve O’Donnell spent just short of five hours on the stand between examination, cross examination and re-examination, including the first two hours of Friday morning.
After a Thursday that was spent on NASCAR’s reaction to SRX, and the possibility that it or the teams could launch a competitor to the Sanctioning Body, O’Donnell and his team’s lead lawyer (Chris Yates) spent considerable time addressing that topic.
O’Donnell said there are over 1,000 tracks in the United States that a potential competitor could utilize. He says he has visited at least 125 of them. Of all the tracks in the country, only 30 have NASCAR sanctioned exclusivity clauses attached to them.
Examples provided included Hickory Motor Speedway in North Carolina, South Boston Speedway in Virginia, Barber Motorsports Park in Alabama, Road American in Elkhart Lake, Wisconsin, Pikes Peak International in Colorado and Kern County Raceway in Bakersfield California.
O’Donnell said such a series could partner with IndyCar and run on a street course.
O’Donnell said his concerns about SRX’s emergence was a priority because he says he received a phone call from NBC Sports executive Sam Flood that basically questioned the viability of their rights agreement when CBS and then ESPN was getting a NASCAR variant.
O’Donnell said seeing Chase Elliott driving a NAPA sponsored car in a SRX race was alarming.
O’Donnell also claimed, falsely, that SRX is ‘coming back,’ thus NASCAR didn’t ultimately damage it. Instead, GMS Race Cars bought the physical assets from co-founder Ray Evernham for track day purposes but not the series’ intellectual property.
Motorsport confirmed with multiple individuals associated with SRX that there is indeed no comeback in the works.
While the 23XI and Front Row side have spent the week painting the non-compete clauses as anticompetitive, NASCAR and O’Donnell have used their time to say it was just the byproduct of negotiations.
NASCAR got ‘good faith’ commitments from the teams, who in turn received guaranteed revenue and guarantee starting spots.
“It was about being all in together, working towards the best broadcast deal,” O’Donnell said.
A key tenet of NASCAR’s defense is that the Sanctioning Body cannot reasonably be acting anticompetitively because charter payouts have increased from one term to the next, and enterprise value for a charter on the open market has increased from $1 million in 2016 to $45 million this past season.
“It shows that people believe in the sport,” O’Donnell said. “It’s been a challenge with the litigation but despite that, charter value has increased and private equity has increased the value of charters.”
That’s private equity partnership opportunities that were not permitted under the previous agreement but now permitted.
23XI and Front Row say their charters would be worth multiple times more, over $100,000 on the open market, if they were permanent, however.
O’Donnell said ‘in our minds, the charters were not originally put together to be permanent,’ citing schedule and car evolutions.
There was also a lot of talk with O’Donnell about a cost cap and cost floor, which was proposed as part of the 2025 charter negotiations but never came to fruition. NASCAR generally wants a cost cap to reel in the ‘reckless spending’ that is a well-documented part of its bargaining position with the race teams.
O’Donnell said it’s a 50/50 issue when talking to teams about a cost cap. He says that some teams that ‘are dominating’ may ‘not be enthusiastic’ citing Penske, Gibbs and Hendrick but middle teams are ‘more receptive’ to the idea.
He said that Formula 1 team enterprise value increased higher due to a cost cap system.
A cost floor was also proposed, but O’Donnell said a handful of teams reported to him that they are already below the proposed number and it would be a challenge for them to spend more and be efficient.
So much talk this week has focused on what the teams called its ‘four pillars’ proposal, and that can be seen below.
O’Donnell said that asking for $720 million, which is again the $20 million per chartered entry data point, ‘shocked me’ because the previous rights agreement was only $800 million per year. He said giving that amount to the teams would leave nothing for the tracks and inhibit overall industry growth.
He said IndyCar teams get 25 percent of revenue and that’s $2-2.5 million per car.
In re-examination, Kessler says IndyCar’s TV deal is $8 million per entry, which is $20 million or more to teams.
Kessler: “I think that’s 700 percent of 8.”
O’Donnell: “Okay.”
O’Donnell also addressed Polk, the aforementioned business partner of Jordan, and said meeting with the 23XI Racing executive were ‘the most difficult meeting I’ve had with an individual in my 30 years in NASCAR.
Again, NASCAR has painted Polk as someone who intended from the start to intentionally disrupt the status quo with the goal of eventually bringing this lawsuit.
“Mr. Polk stuck to his messages,” O’Donnell said. “He 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 … He wasn’t coming from a place of respect.”
Kessler seized on the ‘respect’ line in asking O’Donnell if NASCAR executives like Phelps have always been respectful of team owners, like Richard Childress.
This was, of course, a reference to discovered text messages between Phelps and Scott Prime where the former expressed repeated frustration with the owner of the legendary No. 3 car by calling him ‘a stupid redneck’ who ‘needs to be taken out back and flogged.’
That particular piece of evidence is barred from being used as an exhibit and NASCAR’s attorney’s, specifically Yates, objected to the question because the jury isn’t supposed to know about it an inflammatory reasons.
That is how O’Donnell’s lengthy time on the stand came to a close.
Notes from Judge Bell
Charles R. Jonas
Kenneth D. Bell, the district court judge overseeing this case since last November warned the NASCAR side that ‘growing the sport’ is not a valid defense. He also said it could be a self-admission.
“Growing the sport is another way of saying increasing the revenues of NASCAR,” Bell said.
He has also finally told the jury about the likelihood that this trial is seemingly going to go beyond its scheduled 10-days over two-weeks timeline.
After dismissing the jury on Thursday, Judge Bell told those in the room that both councils needed to speed things along because the jury was told two weeks and that it’s a burden on them.
“I don’t know that we’re going to finish next Friday,” Judge Bell told the jury. “That remains our goal. I am working to keep things moving.
“Everyone in this court room is paid to be here, some more than others, and while I recognize you all get a stipend, I acknowledge the burden this trial places on you and the court thanks your service.”
Bell thanked the jury for their attentiveness, and that he noticed that everyone locked in, and it was appreciated.
It seems more likely that the trial will end by December 15 or 16 as opposed to December 12.
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Motorsports
Saturday Eliminations Results – 2025 Snowbird Outlaw Nationals
It’s race day at the 2025 Snowbird Outlaw Nationals presented by Motion Raceworks at Bradenton Motorsports Park. The historic event serves as the opening race of the second annual Drag Illustrated Winter Series presented by J&A Service, a three-race Pro Mod series paying out more than $275,000 to race winners and the series champion. The event also includes Pro 10.5, True 10.5 N/T, Lil Gangstas, Limited Drag Radial, Ultra Street and more.
Eliminations results will be posted below when they’re available from race control.
Find Friday qualifying results here.
Tune in to the official event livestream on FloRacing here: https://flosports.link/46edcdu
PRO MOD SEMIFINALS


PRO MOD QUARTERFINAL ELIMINATIONS


PRO MOD SECOND-ROUND ELIMINATIONS


PRO MOD FIRST-ROUND ELIMINATIONS




PRO 10.5 SEMIFINALS


PRO 10.5 SECOND-ROUND ELIMINATIONS


PRO 10.5 FIRST-ROUND ELIMINATIONS


This story was originally published on December 6, 2025. 

Motorsports
Three-Way Title Showdown Set for Abu Dhabi Finale – Speedway Digest
Formula 1 arrives at Yas Marina for its most dramatic season finale in over a decade, with three drivers still in contention for the world championship. Lando Norris leads the standings on 408 points, holding a slender 12-point advantage over Max Verstappen and 16 over his McLaren teammate Oscar Piastri. With 25 points available for a race win, the title remains wide open heading into Sunday’s twilight showdown.
Norris enters as the clear favorite. A podium finish will guarantee him his first world championship, regardless of what his rivals achieve. Even if Verstappen wins, third place would be enough for Norris to seal the crown. Anything lower than that, however, could open the door for a late twist.
Verstappen, chasing a fifth consecutive title, must win to have a realistic chance. Victory combined with Norris finishing fourth or worse would hand the Dutchman the championship. A second-place finish could also suffice, but only if Norris slips to eighth or lower and Piastri fails to win. For Verstappen, the permutations are tight, but his recent surge — including back-to-back wins in Las Vegas and Qatar — makes him a formidable threat.
Piastri faces the steepest climb. The Australian needs to win and hope Norris finishes sixth or lower. A second-place finish could keep his hopes alive only if Norris drops to tenth or worse and Verstappen fails to make the podium. Anything less will end his bid for a maiden title.
Qualifying has already set the stage for fireworks. Verstappen starts from pole, with Norris alongside on the front row and Piastri in third. George Russell lines up fourth, ready to play spoiler. Track position is crucial at Yas Marina, where overtaking opportunities are limited and strategy often dictates the outcome. All three contenders have seven wins this season, meaning a tie on points would be decided by second-place finishes — an area where Norris holds the advantage.
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