It’s been a little over one year since 23XI Racing and Front Row Motorsports filed a federal lawsuit against NASCAR and its chairman, Jim France. The suit accuses the series of restraining fair competition and violating the Sherman Antitrust Act, preventing teams from competing ‘without accepting the anticompetitive terms’ it dictates.
The teams filed the lawsuit Oct. 2, 2024, in the Western District of North Carolina and claimed the ‘France family and NASCAR are monopolistic bullies.’
NASCAR has pushed back hard on the suit, filing numerous counterclaims in front of U.S. District Court Judge Kenneth Bell. The two race teams have in turn submitted numerous motions, as hearings and appeals pile up before the scheduled December 2025 trial date.
Here’s a recap and timeline of all the developments since the lawsuit was first filed:
Who owns 23XI Racing, and who are the drivers?
Basketball Hall of Famer Michael Jordan and Joe Gibbs Racing driver Denny Hamlin own 23XI Racing along with longtime Jordan advisor, Curtis Polk. The race team fields three cars in the NASCAR Cup Series. Bubba Wallace drives the No. 23 Toyota, Riley Herbst the No. 35 Toyota, and Tyler Reddick the No. 45 Toyota. Wallace and Reddick qualified for the 2025 NASCAR Cup Series playoffs but were eliminated from championship contention following the Oct. 5 race at Charlotte Motor Speedway that concluded the second round.
Who owns Front Row Motorsports, and who are the drivers?
Tennessee-based businessman Bob Jenkins, who owns a number of restaurant franchises belonging to Yum! Brands, including many KFC and Taco Bell locations, is the owner of Front Row Motorsports. FRM fields three cars in the NASCAR Cup Series: the No. 4 Ford, driven by Noah Gragson; the No. 34 Ford, driven by Todd Gilliland; and the No. 38 Ford, driven by Zane Smith.
NASCAR lawsuit timeline
Oct. 2, 2024
23XI Racing and Front Row Motorsports file antitrust lawsuit against NASCAR’s sanctioning body and CEO Jim France. The lawsuit argues that NASCAR presented a take-it-or-leave-it deal to the teams on Sept. 6, 2024, giving them until 6 p.m. to sign or risk not having a charter for the 2025 Cup Series season.
Both teams say in a statement that NASCAR operates without transparency and unfairly benefits from the sport at the expense of fans, drivers, owners and sponsors.
Nov. 4, 2024
The two sides meet in a courtroom to decide whether or not the two teams can race in 2025 without signing the charter.
Front Row Motorsports and 23XI Racing wanted a clause in the new charter agreement that prevented signees from bringing antitrust action against NASCAR waived so they could race in 2025. NASCAR argued that the charter was no longer available to 23XI Racing and Front Row Motorsports because they brought a lawsuit.
Nov. 8, 2024
23XI Racing and Front Row Motorsports’ injunction request is denied. Judge Frank Whitney ruled that it was too soon for both teams to meet the standards of harm that would justify the request.
Nov. 26, 2024
23XI Racing and Front Row Motorsports file a new preliminary injunction request, providing examples of how both teams could lose their drivers and sponsors without being guaranteed a charter for the 2025 season. Both teams were in the process of gaining a third charter from the downsizing Stewart-Haas Racing team for the 2025 season. The new request included those acquisitions as potential harm done without the injunction.
Dec. 2, 2024
NASCAR motions to dismiss the lawsuit. The sanctioning body argued it is not a monopoly in stock car racing and that NASCAR does not want to work with the two teams because of the suit. NASCAR also indicated it would not allow the two teams to acquire a charter from Stewart-Haas Racing without accepting the new charter agreement.
Dec. 12, 2024
Both teams argue NASCAR backtracked on initial approval for acquiring a charter from Stewart-Haas Racing. NASCAR reiterated its original request to dismiss the lawsuit and stated both teams were now seeking more than what was in previous filings. As such, it should be viewed as a new motion.
Dec. 16, 2024
The teams and NASCAR agree on a Jan. 10 deadline for initial disclosures. NASCAR asked for discovery to be completed by Oct. 17, the two teams asked for that to be completed by July 18.
Dec. 18, 2024
Judge Bell grants 23XI Racing and Front Row Motorsports their preliminary injunction request.
Bell, who took over on the case in early December from Judge Whitney, rules that both teams can race with their original two charters in 2025 as the lawsuit continues. He cites the possibility of losing drivers as a clear reason to grant the request. Bell also found that NASCAR holds monopoly power in stock car racing.
Dec. 23, 2024
Judge Bell rules that both Front Row Motorsports and 23XI Racing be approved for a third charter acquired from Stewart-Haas Racing but in different ways. NASCAR had to approve Front Row Motorsports’ acquisition, but 23XI Racing had to ask the court specifically for the charter purchase to be approved by NASCAR in a separate motion.
Jan. 10, 2025
Judge Bell denies NASCAR’s motion to dismiss the lawsuit, stating, ‘this case is going to be tried this year, and deserves to be tried this year.’
Bell also denied NASCAR’s motion to have both teams post bond in excess of $10 million for each of their cars. NASCAR had argued for that in case it won the lawsuit and was entitled to damages, but Bell reasoned the sanctioning body could ask for damages at a later date.
Feb. 12, 2025
NASCAR files its appellate brief to the injunction that allows 23XI Racing and Front Row Motorsports to operate as charter teams while suing NASCAR for antitrust violations.
NASCAR argued that the two teams are not likely to succeed on the merits of the case, reiterating that 13 of 15 teams signed the charter agreement, there are other racing options 23XI Racing and Front Row Motorsports could join and the NASCAR Cup Series can’t be the defined ‘market’ when it comes to antitrust issues.
March 5, 2025
NASCAR files counterclaim, stating 23XI Racing and Front Row Motorsports violated antitrust laws during negotiations for a new charter agreement. These claims include that the teams colluded to get better terms, and 23XI Racing co-owner Curtis Polk tried to boycott a qualifying event.
Chris Yates, lead attorney for NASCAR in this case, stated that they believe the two teams misused antitrust laws to force a renegotiation.
March 14, 2025
23XI Racing and Front Row Motorsports file response to NASCAR’s brief to appellate court on Feb. 12, which opposed the judge allowing the teams to operate charters while suing NASCAR for antitrust violations.
March 26, 2025
23XI Racing and Front Row Motorsports motion to dismiss NASCAR’s March 5 counterclaim, arguing there’s no evidence of an attempted boycott and that teams work together in negotiations, just like in other sports.
April 9, 2025
23XI Racing and Front Row Motorsports subpoena Formula 1 as well as NFL, NBA and NHL teams to provide evidence on how other sporting bodies and their teams operate.
May 9, 2025
A three-judge panel hears the appeal by NASCAR to an injunction ruling on Dec. 18, 2024 allowing 23XI Racing and Front Row Motorsports to race as chartered teams in 2025 while this legal battle plays out.
June 5, 2025
The U.S. Court of Appeals for the Fourth Circuit rules in favor of NASCAR and revokes the Dec. 18 injunction. The judges note in their ruling that there is no precedent for this case and the teams’ antitrust argument ‘is not supported by any case of which we are aware.’
They also reason that there’s no indication that the teams will likely be successful in their lawsuit.
June 17, 2025
In a hearing for a motion to throw out NASCAR’s counterclaim of collusion, the teams’ attorney, Jeffrey Kessler, outlines the teams are looking for:
- NASCAR divestment of racetracks it also owns, currently 20 on the Cup Series calendar
- NASCAR to no longer prohibit Cup tracks to run similar stock car races
- NASCAR to no longer prohibit Next Gen cars to be used in non-NASCAR events
- Insure two teams can compete as chartered teams going forward
- Financial damages to be tripled
June 18, 2025
In a new filing for NASCAR’s March 5 counterclaim, NASCAR asks for chartered teams in the Cup Series grid to turn over financial documents, calling some of these ‘critical to NASCAR’s defense.’
June 20, 2025
23XI Racing and Front Row Motorsports ask for a rehearing following the June 5 appeals court ruling overturning the injunction, which allowed them to compete as chartered teams during the 2025 season.
June 25, 2025
Judge Bell denies 23XI Racing and Front Row Motorsports’ motion to dismiss NASCAR’s counterclaim, stating that the sport had done enough to continue its counterclaim. But he also narrowed the amount of financial information other chartered teams had to provide NASCAR.
July 9, 2025
The U.S. Court of Appeals for the Fourth Circuit hears the two teams’ argument for reversing the June 5 decision, which would revoke their charters during the 2025 season, and denies their request.
July 14, 2025
Ahead of the NASCAR Cup Series race at Dover Motor Speedway, the two teams looked for a potential way to remain chartered and decided on filing for a restraining order and new preliminary injunction.
The teams argued NASCAR informed them they’d ‘immediately move to sell or issue Plaintiffs’ charters to other entities,’ which could keep the teams from getting their charters back.
July 17, 2025
23XI Racing and Front Row Motorsports are denied a temporary restraining order to keep NASCAR from revoking their chartered status and are forced to compete as open teams for upcoming races at Dover and Indianapolis. The teams each have had three cars with chartered status this season, but that status expired after the U.S. Court of Appeals reversed an earlier injunction.
July 22, 2025
Judge Bell sets an Aug. 28 hearing on a new motion from 23XI Racing and Front Row Motorsport for an injunction to keep them chartered for 2025. Bell writes in his order that NASCAR has represented to the court that the teams will be guaranteed spots in races and that NASCAR will not sell nor transfer the charters in question until a ruling on the injunction.
Aug. 19, 2025
NASCAR files response to the teams’ motion that they return to chartered status for the rest of the 2025 season. NASCAR states in its filing that it must start the process of selling those charters immediately, and 23XI Racing and Front Row Motorsports should be forced to return the money awarded to them as chartered teams for the first half of the 2025 season.
Aug. 25, 2025
In filings in advance of an Aug. 28 hearing for a new injunction requested by 23XI Racing and Front Row Motorsports to retain their charters, NASCAR says it plans to issue a charter to an unnamed team for the 2026 season. The teams said in their own filing that if the charters they had earlier this year are sold, they would shut down ‘following the 2025 Cup Series season.’
The teams’ filing also alludes to ‘smoking-gun documents that admit NASCAR viewed competitive entry as a threat’ and ‘internal NASCAR documents with top executives describing how NASCAR used its monopoly power to impose a one-sided’ charter agreement.
Sept. 3, 2025
Judge Bell denies the preliminary injunction request from 23XI Racing and Front Row Motorsports seeking to remain chartered teams following an Aug. 28 hearing, ruling they would not suffer irreparable harm.
NASCAR tells the court it won’t change any rules that would keep 23XI Racing and Front Row Motorsports from missing the final nine races of 2025 and it would leave at least six charters available in case it loses at trial.
Oct. 3, 2025
NASCAR files a motion for summary judgment, making a final attempt to get the case dismissed before the scheduled December 2025 trial. In its motion, NASCAR submits statements from several NASCAR team owners and executives supporting the charter system and urging the litigation be resolved in a way that ‘does not put the sport at risk’ and ‘before any real damage is done to the sport.’
23XI Racing and Front Row Motorsports attorney Jeffrey Kessler issues a statement saying the teams are willing to have settlement talks and that the owners’ statements support their case.
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