With the 2025 NASCAR season done and dusted, the focus now completely falls on the charter lawsuit, with the jury trial roughly a month away. Recently, NASCAR’s initial advantage in the case has been quickly fading away, with each new ruling favoring 23XI Racing and Front Row Motorsports.
Late last month, Judge Kenneth Bell denied a NASCAR counterclaim against the complainants as they accused 23XI and FRM of having colluded with team owners during negotiations. Following that, two more rulings have fallen against NASCAR, and the latest one brings some legendary names to the forefront.
What Does the Court’s Latest Ruling Have in Store for NASCAR?
On Tuesday, November 4, Judge Bell made a ruling that officially defined the NASCAR market as “premier stock car racing.” This became a major setback for the sport, as it decimated their defense of being a sport that competes in a broader motorsports industry.
With this decision, it is now clear that NASCAR has complete control over the market in question. Subsequently, this means that 23XI and FRM’s allegation of monopolistic practices from NASCAR is stronger than ever, setting the stage for a momentous trial that begins on December 1.
To make matters worse for the sport, Bob Pockrass has reported that Judge Bell has now agreed with the complainants’ demand to depose Rick Hendrick and Roger Penske prior to the trial.
He wrote, “Judge Bell has granted the motion by 23XI and Front Row to depose Rick Hendrick and Roger Penske prior to the trial as they are on the NASCAR witness list and, according to 23XI/FRM, they were designated as witnesses after the discovery deadline.”
Given that both these legendary team owners are on the witness list for the December trial, Judge Bell saw it fit to depose them in the ongoing motion. As such, the two titans of the industry will have to give a sworn testimony under oath.
The update comes shortly after NASCAR President Steve Phelps appeared in an interview, where he asserted that the sport was trying its hardest to settle the charter lawsuit. Phelps has personally been doing as much as he can to ensure an amicable agreement is reached, without causing a fallout that challenges the integrity of the sport.
However, the pennies continue to fall in 23XI and FRM’s favor, ever since they lost their charter status. Among several landmark rulings, the most impactful verdict came when the court made the charter agreement a public document, revealing just how little the teams and drivers were getting paid in the Cup Series, blowing the case wide open.