23XI Racing and Front Row Motorsports are asking for a summary judgment on NASCAR’s counterclaim that alleges the teams conspired for better terms during the charter negotiations.
The filing, made Friday night, states that, “The discovery record confirms what Counterclaim-Defendants (23XI, Front Row, and Curtis Polk) have asserted from the outset: NASCAR’s counterclaim lacks legal and factual merit. It is, instead, another example of NASCAR’s litigation gamesmanship, designed to retaliate against Plaintiffs.
“Summary judgement should be granted now, so that the parties can plan for the December 1, 2025 trial with the knowledge that NASCAR’s baseless counterclaim is not going to distract from the purpose of those proceedings, which is to expose NASCAR’s track record of monopolistic practices and res tore competition so that teams, drivers, sponsors and fans all benefit from a sport built for long-term growth.”
A summary judgment would mean that U.S. District Court Judge Kenneth Bell, not a jury, would render a decision based on the legal facts.
NASCAR filed its counterclaim in March. 23XI Racing and Front Row filed a joint antitrust lawsuit against NASCAR in October.
23XI Racing and Front Row contend that NASCAR “cannot raise a genuine issue of material fact” that supports the conspiracy claim. Instead, the teams say that it was NASCAR who tried to individually negotiate with the race teams.
Additionally, the teams contend, “Despite repeated conclusory assertions in the counterclaim about ‘boycotts’ of NASCAR races, exhibitions, and other commercial activities, there is nothing in the discovery record to support these boycott allegations.”
Included in the filing were documents prepared by NASCAR as contingency plans for potential boycotts. The presentation deck was called “Project Gold Codes.” Some of the slides included, but were not limited to:
There was also a bit about plans if NASCAR were to run the sport in-house. The slides included, but were not limited to:
If a summary judgment is not granted, the teams intend to file for the counterclaim to be handled in a separate trial in 2026. This will be requested, as the filing states, because “it will not needlessly complicate, confuse, and prolong the December trial, which has been scheduled for only ten trial days.”
