23XI Racing pushes to protect Michael Jordan and Denny Hamlin's private finances in the NASCAR legal dispute

As the landmark antitrust case between 23XI Racing, Front Row Motorsports, and NASCAR inches toward its December 1 trial, both sides are deciding on what evidence can be used in court. In their newest pretrial filings, the teams have asked the court to keep team co-owner Michael Jordan and driver–co-owner Denny Hamlin’s personal financial information off-limits.

The latest exchange comes just days after Judge Kenneth Bell dismissed NASCAR’s counterclaim, accusing 23XI, FRM, and Curtis Polk of collusion, clearing one of the final hurdles before trial. Both sides are now finalizing motions to determine what evidence and witnesses will be allowed in December, with submissions beginning to arrive Thursday night.

According to Fox Sports’ Bob Pockrass, the most debated motion centers around personal financial disclosures.

“Of pretrial motions, the one on how much personal finance info should be allowed is intriguing,” Pockrass wrote on X. “23XI/FRM want Michael Jordan & Denny Hamlin’s personal financials to be off-limits. NASCAR says they’re fair game - but if off-limits, then Jim France’s should be as well.”

Early filings confirm that high-profile figures such as Richard Childress, Heather Gibbs, Roger Penske, Rick Hendrick, Rob Kauffman, and Steve Newmark are all on the potential witness lists.

Pockrass also posted:

“NASCAR also questions Front Row’s profit/loss numbers as it claims Bob Jenkins reduced potential revenues/profitability to help other financial endeavors. Jenkins claims his teams have lost $60 million since 2016.”

It reflects how both sides are drawing lines over privacy and relevance as they prepare for trial.

For 23XI and FRM, the argument is that their owners’ personal assets have no bearing on whether the charter system restricts competition. NASCAR, meanwhile, maintains that if the lawsuit’s damages hinge on financial harm, then the financial state of team owners is relevant to the defense as they head towards the final pretrial hearing on November 12.

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NASCAR leadership braces for trial amid State of the Sport remarks

Steve Phelps (L) and Steve O'Donnell during the 2025 state of the sport press conference. Source: Imagn

NASCAR Commissioner Steve Phelps and President Steve O’Donnell recently used the annual State of the Sport address to reaffirm their desire for a settlement before the scheduled trial. Speaking ahead of championship weekend on October 31, Phelps acknowledged the strain of the lawsuit but insisted the sport remains unified in its long-term vision.

“NASCAR is fully aligned with our race-team partners who have submitted declarations hoping to end this litigation,” Phelps said (via Fox Sports). “We are trying our hardest. I am trying my hardest both as a fan as well as the commissioner of this sport that I've loved since I was 5 years old.”

Phelps emphasized that the charter system, introduced in 2016, gives teams guaranteed entry and financial stability and remains the backbone of the Cup Series. While only two of the 15 chartered organizations are part of the ongoing lawsuit, he warned that the litigation could jeopardize the system itself if it leads to a court-ordered remedy that undermines its structure.

“The charter system is a critical part of the sport, something we created with and for the teams,” Phelps added. “We'll continue to defend and preserve it. Make no mistake, the lawsuit puts this at risk.”

Despite days of failed negotiations, NASCAR insists the sport’s broader health remains strong, citing a $431 million payout pool and new financial transparency under the 2025 charter model. Still, as the legal case nears trial, every filing and motion, including the pre-trial motions, underscores what’s at stake.

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Edited by Riddhiman Sarkar