{"id":328536,"date":"2025-12-06T06:21:09","date_gmt":"2025-12-06T06:21:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/328536\/"},"modified":"2025-12-06T06:21:09","modified_gmt":"2025-12-06T06:21:09","slug":"4-takeaways-from-the-nascar-vs-23xi-frm-trial-day-5","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/328536\/","title":{"rendered":"4 Takeaways From the NASCAR vs. 23XI\/FRM Trial, Day 5"},"content":{"rendered":"

The first week of the historic lawsuit between NASCAR and 23XI Racing and Front Row Motorsports has officially wrapped up, with Friday (Dec. 5) in particular being a momentous day.<\/p>\n

The day began with the conclusion of the cross-examination of NASCAR president Steve O\u2019Donnell, before Heather Gibbs, co-owner of Joe Gibbs Racing (as well as Coy Gibbs<\/a>\u2018 wife and Ty Gibbs<\/a>\u2018 mother) also gave her testimony before the recess for lunch.<\/p>\n

After court returned to session, 23XI co-owner and basketball legend Michael Jordan took the stand for his testimony. To wrap up the day, Race Team Alliance executive director Jonathan Marshall began both direct and cross-examination. The trial will resume with Marshall continuing testimony on Monday (Dec. 8).<\/p>\n

\"2024<\/p>\n

NASCAR Vs. 23XI\/FRM Lawsuit Day 5 Recap<\/p>\n

The weekend will give both sides time to recharge and get set for the second week of the trial, which Judge Kenneth D. Bell hopes to conclude by next Friday, Dec. 15. However, Bell expressed concern that, while his goal is still to wrap up by then, he doesn\u2019t seem optimistic in meeting that goal.<\/p>\n

It was a packed day with a lot to take away from the courtroom. Here are some of the biggest takeaways from day five.<\/p>\n

NASCAR Saw SRX As a Threat After Chase Elliott\u2019s Appearance<\/p>\n

If you followed SRX from the beginning, you might remember that Chase Elliott<\/a> made his debut in the series in the 2021 finale at Nashville Fairgrounds Speedway, a race in which he won<\/a> after a spirited battle with his father Bill<\/a>.<\/p>\n

In his cross-examination, O\u2019Donnell testified, when asked whether or not NASCAR ever viewed SRX as a threat, that it only viewed SRX as such after Elliott\u2019s participation. O\u2019Donnell made that claim due to his running of a No. 9 font similar to that of his Cup Series ride, with sponsorship from NAPA \u2014 also just like his Cup Series ride.<\/p>\n

When 23XI and FRM lawyer Jeffrey Kessler stated that SRX is no longer competing, O\u2019Donnell claimed an announcement just came out that it would be returning \u2014 something that has actually not been announced, despite SRX\u2019s periodic, sometimes cryptic tweets throughout the trial and the lead-up to it.<\/p>\n

O\u2019Donnell is correct that Elliott drove a NAPA No. 9 in SRX, but the font of his number was the same as every other driver who competed in SRX. He did not run his Hendrick Motorsports No. 9, though, admittedly, the font SRX used looked similar to old HMS numbers of the past.<\/p>\n

If running a similar number font, of all things, was enough for NASCAR to think SRX was a threat, then how does it view other series such as the NTT IndyCar Series, which has seen teams like Dreyer & Reinbold Racing utilize literal identical fonts to those of NASCAR cars?<\/p>\n

\u2018It\u2019s Like You Have a Gun to Your Head\u2019: Heather Gibbs Opens Up on Charter Negotiations<\/p>\n

Gibbs\u2019 testimony may have launched her into \u201cstar witness\u201d discussions when the trial is all said and done, given her lone connection to the trial (besides being a team owner who signed the charter agreement) is that her father-in-law Joe Gibbs owns the car that Denny Hamlin<\/a> (you know, co-owner of 23XI) drives.<\/p>\n

Gibbs\u2019 testimony didn\u2019t take too long in the grand scheme of the day, but her statements were heartfelt and informative.<\/p>\n

Gibbs opened her testimony by recounting the loss of her husband Coy as well as Coy\u2019s brother JD<\/a> a few years earlier. After that, she corroborated what other witnesses, including Hamlin and team owner Bob Jenkins, said about the charter agreement, with one statement in particular sticking out.<\/p>\n

\u201dIf we don\u2019t take the payout they are offering, we can\u2019t keep going,\u201d Gibbs said. \u201cIt\u2019s like you have a gun to your head. If you don\u2019t sign it, everything is gone.\u201d<\/p>\n

Gibbs also said that Joe personally called Jim France to ask for more time to sign the charter agreement, but France vehemently denied, stating that he was happy whether 20 teams signed or 30 teams signed.<\/p>\n

That statement from Gibbs directly contradicted a statement from O\u2019Donnell earlier that claimed the teams had a week to sign the agreement instead of the few hours that has publicly been stated time and time again.<\/p>\n

So it feels like somebody is not being 100% truthful here \u2026 but who? Gibbs has no reason to lie, with her even saying that JGR signed the agreement once they thought about the legacy of Coy and JD.<\/p>\n

But why would O\u2019Donnell risk lying under oath to better NASCAR\u2019s case? Wouldn\u2019t that only make NASCAR look worse in the court of public opinion? Especially after those texts were released just before the trial, doing more to harm your reputation, specifically in a court of law, would be highly frowned upon.<\/p>\n

\"(Photo:<\/p>\n

Holding a Pretty Wheel: In NASCourt, There Are No Winners<\/p>\n

Michael Jordan Isn\u2019t Out to Kill NASCAR as We Know It<\/p>\n

If O\u2019Donnell and Gibbs were the opening acts, then Jordan was the main event.<\/p>\n

Jordan was at the stand for more than an hour, saying among other things, that Cale Yarborough<\/a> was the true driver of the No. 11 (with a laugh and apology to Hamlin) and that he is less involved in the day-to-day operations of 23XI, though he is more involved with sponsorship aspect, with sponsors such as McDonald\u2019s backing the team.<\/p>\n

Jordan testified that he admired what the France family has built over the past nearly 80 years. He also said that he felt welcomed by the sport openly when he entered team ownership in 2021 and purchased a third charter for Riley Herbst<\/a> prior to this season because he felt it gave his team an even better shot at winning a championship.<\/p>\n

The crux of Jordan\u2019s testimony rested on why he even decided to take NASCAR to court in the first place instead of signing the charter agreement. Jordan said permanent charters, a point of contention for many within the NASCAR industry in regard to the lawsuit, were a necessity and was frustrated over NASCAR\u2019s consideration, or lack thereof, in instituting them.<\/p>\n

Jordan also felt that no governance was an issue and that there was a level of unfairness to the financial side of the agreement. Overall, Jordan is in the position where he wants to improve relations between the teams and the sanctioning body. Though the lawsuit seems (and is) contentious in nature, it felt like Jordan tried to boil it all down to that one point.<\/p>\n

Jordan\u2019s testimony is important to what his side is trying to accomplish. To this point, it seemed like there was a common perception that Jordan, Hamlin, Bob Jenkins and 23XI and FRM just wanted to burn the sport to the ground and leave no paper trail in doing so. While NASCAR is sure to change drastically regardless of the outcome of the lawsuit, it seems like when all is said and done, Jordan and co. want to come to the table for the next charter agreement in 2032 and have more of a say, working with NASCAR more as partners rather than boss and employees.<\/p>\n

NASCAR Scores Win With RTA Executive Director\u2018s Hesitancy<\/p>\n

To this point, it has seemed like 23XI and FRM have taken most, if not all, the legal victories through testimonies \u2014 though most of them have been because all their witnesses have testified to this point and none of NASCAR\u2019s have. This is something that Judge Bell is hoping to speed up come next week, as after the first of what is supposed to be a two-week trial, 23XI and FRM are still combing through witnesses.<\/p>\n

Nevertheless, Marshall took the stand as the fourth and final witness of the day. In his testimony, he brought up the point that around 50 teams who have made a start in the last 20 Daytona 500s are now defunct. He also mentioned a 2021 study about a potential race in Oman that would\u2019ve boosted the team\u2019s finances due to the wealth that exists in the Middle East. Unfortunately, the race never came to fruition.<\/p>\n

After that, NASCAR\u2019s cross-examination on Marshall was of note, as several of the questions he was asked were either given answers of deflection or a non-answer altogether. Marshall practically admitted he doesn\u2019t pay close attention to the race teams\u2019 financials, despite showing the jury he was a financial expert. Additionally, Marshall claimed that he knew NASCAR\u2019s financials better because it\u2019s a public company \u2014 which is not true, as it is somewhat common knowledge that NASCAR is a private entity.<\/p>\n

Later, Marshall didn\u2019t directly answer a question asked about Curtis Polk, who allegedly said that speaking negatively to media about NASCAR could potentially help charter negotiations.<\/p>\n

\"2025<\/p>\n

Here\u2019s What Happened in the 23XI\/FRM Lawsuit vs. NASCAR This Week (Nov. 29-Dec. 5)<\/p>\n

Court will resume Monday with Marshall still on the stand, which is important for NASCAR to keep attempting to get him to crack. In a trial that has seemingly been dominated by the teams, NASCAR got some pretty big wins with Marshall\u2019s seeming lack of confidence in areas where he claims to be knowledgeable. NASCAR can keep pressing the attack on Marshall on Monday in hopes of swinging some momentum from the trial in its favor as it prepares its side of the story in the coming week.<\/p>\n

It was a packed day in the courthouse, with four witnesses, including a high-profile figure in Jordan, while Bell continues to try to rush the trial along. It\u2019s understandable why that is, but with a landmark case like this, it\u2019s also important to hear all sides before making a ruling, even if it takes longer than anticipated.<\/p>\n

For now, all parties can regroup over the weekend as the trial rages on into its second week.<\/p>\n

\"Donate<\/a>
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Anthony Damcott joined Frontstretch\u00a0in March 2022. Currently, he is an editor and co-authors Fire on Fridays (Fridays); he is also the primary Truck Series reporter\/writer and serves as an at-track reporter. He has also assisted with short track content and social media, among other duties he takes\/has taken on for the site. In 2025, he became an official member of the National Motorsports Press Association. A proud West Virginia Wesleyan College alum from Akron, Ohio, Anthony is now a grad student. He is a theatre actor and fight coordinator in his free time.<\/p>\n

You can keep up with Anthony by following @AnthonyDamcott<\/a> on X.<\/p>\n

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