The antitrust lawsuit case between 23XI Racing and Front Row Motorsports versus NASCAR continued this week. Of course, it included more court filings, but it all kicked off with a mid-season rule change.
Here’s a breakdown of what happened this week.
During media availability at Dover Motor Speedway July 19 (Sat.), Denny Hamlin was asked a question about 23XI running as an open team now. Hamlin gave a blanket answer for similar questions going forward:
“If you want answers, if you want to understand why this is all happening, come December 1. You’ll get the answers that you’re looking for, and all will be exposed.”
On Monday (July 21) morning, NASCAR updated its rule book with a change that offers some protection to the top open cars in the points standings.The first addition read, “NASCAR, at its sole discretion, may elect to limit the number of entries for a race to 40.” This rule allows NASCAR to keep certain cars from entering the race, guaranteeing the top 40 cars a starting spot.The fastest four open teams in qualifying will make the race. The new rules also say, “up to six open teams will be eligible for starting grid positions based on the highest ranked team owner points standings.”With the teams’ combined six charters out of the mix, there are 30 chartered teams and 10 open spots.
Because 23XI/FRM are now the only full-time open teams, this basically guarantees the teams a spot in the race.
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That same Monday, the teams submitted a number of filings, included three sealed documents.
23XI/FRM and Curtis Polk answered NASCAR’s amended counterclaim in three similar but separate filings, calling it “litigation gamesmanship” and “a threat to any racing teams willing to challenge NASCAR.”
The document addresses 141 allegations presented by NASCAR with specific responses. The teams also added 12 different defenses.
On July 22 (Tues.), the court set up another briefing schedule to make a ruling on the most recent request for a preliminary injunction.The two parties will have a hearing on Aug. 28 at 1:30 p.m.The scheduling order said “NASCAR represents it will not effectuate any sale or transfer” of the six charters up in the air “until the court rules” on the injunction.
It also said “NASCAR represents that plaintiffs’ six race cars will qualify for all Cup Series races” until the motion. This may shed a little light to why NASCAR made the rule change.
Near the end of the week on July 24 (Thurs.), the court issued an order on the upcoming schedule for more pretrial submissions. Here are some of the notable dates:Nov. 3, four weeks before trial, exhibit and witness lists, stipulations and deposition designations are due.Week of Nov. 17, two weeks before trial, a pretrial hearing will take place.
The final witness and exhibit lists are due Nov. 24, one week before trial.
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!