Here’s What Happened in the 23XI/FRM vs. NASCAR Lawsuit This Week (Oct. 25 – 31)

The antitrust case between 23XI Racing and Front Row Motorsports versus NASCAR continued this week, and it was a busy one. Over the course of the week, the case saw more than 40 filings entered.

Here’s a breakdown of the key happenings from the case this week.

On Oct. 27 (Mon.), both parties in the case agreed to some set stipulations to follow during the trial phase.

This includes agreeing not to make personal attacks, as well as refraining from discussing Brian France “or the alleged circumstances surrounding” his departure from NASCAR.

Following the stipulations, the parties submitted proposals for the jury.That includes proposed instructions for the jury, complete with objections from the teams or NASCAR highlighted within the document.

Both the teams and NASCAR also submitted proposed verdict forms, which are forms that the jury would use to make their decision.

Next up, NASCAR and the teams filed their briefs for the trial. After that begins a long line of motions in limine, which are pretrial motions to ask a court to rule certain evidence as inadmissible before getting to the trial stage.

Both the teams and NASCAR made their case for why certain exhibits of evidence should be determined as inadmissible before reaching the trial stage.

The major motion that came through this week happened on Oct. 28 (Tues.), when the court granted the teams’ motion for summary judgment to dismiss NASCAR’s countersuit against them.The court concluded NASCAR’s counterclaim ‘failed to establish a sufficient “antitrust injury’”The teams’ attorney Jeffrey Kessler issued a statement, saying in part, “today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport.”

For more analysis on the decision and what it means for the case, check out Tom Bowles’ Frontstretch Did You Notice? here.

23XI/FRM attorney Jeffrey Kessler statement on the NASCAR counterclaim against 23XI/FRM being dismissed: pic.twitter.com/Tk6Y2gQQlY

— Bob Pockrass (@bobpockrass) October 28, 2025

NASCAR’s response said, “We respect the Court’s decision, though we respectfully disagree with its legal reasoning.” The statement also added, “should a resolution not be reached, we intend to appeal the decision at the appropriate time.”

NASCAR statement on counterclaim being dismissed, also indicating hopeful there could be a settlement: https://t.co/NjFiyDzYv4 pic.twitter.com/8TApxO2RMp

— Bob Pockrass (@bobpockrass) October 28, 2025

One other thing that happened this week is that a large number of documents, pages, and exhibits from a September 12 filing were made available. It was a massive list of information – 1,642 pages, to be exact.The documents included making the 2025 charter agreement a public record. According to Bob Pockrass, Charter team earnings have a base of $141,000 per event.

For a larger breakdown of those financials, check out Daniel McFadin’s Frontstretch article here, Michael Massie’s article below or this handy chart by Frontstretch alum Michael Finley.

And he makes more than any #nascar team’s base level in the charter system (Base of $5.3 million per year). https://t.co/zxRTzYfDeR

— Tom Bowles (@NASCARBowles) October 29, 2025

NASCAR financial statements were also made public in the document release.

The NASCAR financial statements as part of the release of documents today show NASCAR income of more than $100 million last year. pic.twitter.com/RZgaEWv8eP

— Bob Pockrass (@bobpockrass) October 29, 2025

To note, the trial date is set for Dec. 1. That date will officially be within a month’s time after this weekend.

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!