The Latest In The 23XI/FRM Lawsuit Against NASCAR (April 2025)

While teams, drivers, and even your lawsuit update writers enjoyed a week off, the antitrust lawsuit case between 23XI Racing and Front Row Motorsports versus NASCAR continued during the off week.

In the past two weeks, the case continued in the North Carolina Western District Court, as well as in discovery efforts in both Indiana and New York. Additionally, Frontstretch has obtained a copy of a transcript from a teleconference the two sides had with Judge Kenneth D. Bell on April 3.

Here’s a brief of the information from the documents that came out between April 12 and April 25:

• Starting with the originating case in North Carolina, representatives from NASCAR and 23XI/FRM had a teleconference on April 3. According to the transcript, NASCAR requested discovery of the teams’ “exploration of alternative sports leagues or team investments regardless of whether it’s in motorsports.”

• In the conversation, the 23XI/FRM teams shared they agreed to “produce anything that relates to the investment decision in NASCAR,” as well as documents about competition between NASCAR and other motorsports.

• The teams were unwilling to produce contracts relating to “a purchase of a sports team” or contracts “relating to a sports team” because they did not feel that was relevant. Again, these requests were for documentation from 23XI/FRM for investments that were outside the sphere of NASCAR.

• NASCAR responded that the 23XI/FRM requests of other sports leagues’ financial disclosures is a demand that would “produce far more broad information” than what NASCAR was asking the teams for.

• The court ordered the teams to produce their agreements, charters, and contracts from any of the owners regardless of what sport it was.

• Michael Jordan has a deposition – and oral statement under oath – coming up on May 14. The court ordered the teams provide NASCAR with information about the sports teams and leagues Jordan has invested, considered investing, or sold his investment in. The teams have to provide that information at least seven days before the deposition.

• The court granted a subpoena request on Jordan and business partner Curtis Polk but limited it to producing financial-type information.

• The court denied a subpoena request for FRM owner Bob Jenkins to produce information relating to his restaurant franchise agreements.

• The court also denied a subpoena request relating to Denny Hamlin’s name, image, and likeness revenues.

• Judge Bell reminded everyone of the upcoming trial date, saying, “there will be no excuse to not be able to get together on December 1 to start trial.”

• On April 16, NASCAR filed an opposition to the 23XI and FRM motions to dismiss and strike their counterclaim filed March 5.

• That same day, they filed their motion to amend the counterclaim, saying their new discovery “produced more than 200,000 pages of emails, texts, and memoranda.”

• NASCAR claimed the documents discovered confirm “23XI, Front Row, and Curtis Polk knowingly entered into illegal agreements with other teams on issues such as fixing the compensation that they received from NASCAR.”

• The filing later added, “23XI and Front Row reached unlawful agreements with each other and other teams, and that Curtis Polk was the ringleader of the concerted effort to set compensation received by the teams.”

• In its amended counterclaim, NASCAR included many quotes from the discovered messages. While much of it was redacted, NASCAR alleged they received harm, saying, “these activities resulted in reputational and brand damage at a time when NASCAR was attempting to renew its most important revenue stream, its media rights.”

• NASCAR’s request for judgement included an order “prohibiting [the teams] from jointly negotiating with NASCAR.”

• NASCAR also requested an injunction “to restore competition.” If the teams continue the lawsuit, NASCAR wants an injunction of its own to eliminate the section of the 2025 Charter Agreement that provides for guaranteed entry into races.

• 23XI/FRM have an opportunity to respond to the two opposing motions filed by NASCAR, and they will have until April 30 to do so.

• While these motions were going on, the sports leagues responded to 23XI/FRM’s motions to compel financial information to try and compare NASCAR to those other sports leagues.

• The NHL, NFL, and NBA have all asked for extensions to give their response in opposition to the race teams’ motions. They have until May 1 to file their oppositions in New York.

• In Indiana, IndyCar also made a similar request for an extension to their response timeline. IndyCar’s deadline is May 5.

Caleb began sports writing in 2023 with The Liberty Champion, where he officially covered his first NASCAR race at Richmond in the spring. While there, Caleb met some of the guys from Frontstretch, and he joined the video editing team after graduating from Liberty University with degrees in Strategic Communications and Sports Journalism. Caleb currently work full-time as a Multi-Media Journalist with LEX 18 News in Lexington, Kentucky and contributes to Frontstretch with writing and video editing. He’s also behind-the-scenes or on camera for the Happy Hour Podcast, live every Tuesday night at 7:30!