NASCAR, 23XI Racing and Front Row Motorsports have thus far failed to come to a settlement in their legal battle, and Denny Hamlin doesn’t seem optimistic that one will be found before the trial begins.
“Listen, I don’t know,” Hamlin said Saturday at Martinsville Speedway. “I think both sides probably feel strong about their case. … I think one of us is on a suicide mission.”
The parties participated in a court-ordered judicial settlement conference on Tuesday, which carried over into Wednesday. A previous settlement conference was held in August, but apparently didn’t last very long or make much progress.
A settlement, however, can be reached at any time. That includes the days leading up to the start of the trial and once it has begun.
“It was OK the first day, not great the second day,” said Hamlin of this week’s settlement meetings. “I don’t know. It didn’t end in any resolution, unfortunately.”
On Thursday, the day after the settlement conference, Judge Kenneth Bell heard arguments on the request for summary judgment from 23XI Racing and Front Row, as well as motions to exclude witness testimony during the trial. Dec. 1 is the scheduled start date of the trial. It will be held regarding the joint antitrust lawsuit filed by 23XI Racing and Front Row against NASCAR in October 2024.
In March, NASCAR countersued the teams and 23XI Racing co-owner Curtis Polk. That litigation is on the same track as the original lawsuit.
So, what hurdles remain in reaching a settlement before the trial begins?
“Just days in the week,” Hamlin said. “That’s it. It’s just counting down at this point.”