The legal battle between NASCAR and Cup Series outfits 23XI Racing and Front Row Motorsports has taken another twist, as both sides have settled on trial ground rules ahead of proceedings expected to begin before year’s end.
According to one of the trial regulations, the teams aren’t allowed to talk about why Bill France left NASCAR.
What Terms Did NASCAR, 23XI Racing, and FRM Agree to Ahead of Court Clash?
The long-brewing legal fight between NASCAR, 23XI Racing, and Front Row Motorsports is nearing its day in court. With a December 1 jury trial on the horizon, both sides are now setting the ground rules for how the showdown will unfold.
Veteran NASCAR reporter Bob Pockrass writes on X: “According to filing today, NASCAR, 23XI & FRM attorneys have agreed to at trial:
- Not to make personal attacks against each other.
- Not to discuss or refer to cases where they opposed one another.
- Not to discuss reasons behind Brian France departure from NASCAR.”
As part of the agreement, neither side will mention nor speculate about the events surrounding France’s departure from NASCAR.
The former CEO and chairman — who succeeded his father Bill France Jr. — led the sport until 2018, when he stepped down following several controversies, most notably his DUI arrest.
After he left, Jim France took over, starting a new chapter for NASCAR. But talk of his rocky spell in charge is still sensitive and could pull focus away from what really matters in court.
Despite a long history of disputes on various matters, neither side will mention or reference other legal battles between them.
Keeping past legal battles out of the courtroom allows the jury to consider only the present antitrust claims, free from any bias shaped by earlier conflicts.
Personal attacks are officially off-limits in the courtroom. That comes as little comfort in light of leaked texts from earlier this month, where Michael Jordan lashed out at rival teams, branding them ‘p****’ for signing NASCAR’s charter deal.
The lawsuit pits 23XI Racing and Front Row Motorsports against NASCAR over claims of monopoly control.
The teams allege the sanctioning body has cornered the so-called ‘premier stock car racing team market,’ citing Sherman Act violations, and say its Next Gen car licensing and track agreements stifle competition on and off the track.
NASCAR has pushed back hard against the allegations, stressing that the Sherman Act safeguards competition, not individual competitors.
The sanctioning body insists it has every right to pick and choose who it works with — in other words, it can refuse any deal it doesn’t consider profitable, just like any other business organization.