Court allows NASCAR to expand countersuit claims against 23XI, Front Row

The federal district court judge presiding over the 23XI Racing and Front Row Motorsports v NASCAR federal antitrust lawsuit and countersuit will allow the Sanctioning Body to revise its counterclaim based on items found in discovery.

After being sued by the two teams in October over an alleged violation of federal antitrust laws stemming from the charter system negotiation process, NASCAR filed a countersuit on March 6 making the same exact claims.

NASCAR claims that 23XI Racing investor Curtis Polk, engaged in a conspiracy to boycott races and tamper with broadcast rights negotiations, in order to help secure greater revenue sharing money in the charter period that runs from 2025 to 2031.

On April 17, NASCAR requested from Judge Kenneth D. Bell that it be permitted to widen the scope of its counterclaims against Front Row, 23XI and Polk due to circumstances uncovered as part of the discovery process that began this spring and runs throughout the summer leading to a December 1 trial.

Judge Bell is allowing NASCAR to do so and it will be due later this same day, May 8. The order from the court specifically reads:

1. NASCAR’s motion is granted and it is given leave to file its proposed Amended Counterclaims (and should do so on May 8, 2025) and
2. Both sides are directed to file on or before May 22, 2025, supplemental briefs making any further argument in support of their respective positions on the Motions to Dismiss in light of the Amended Counterclaims. (The Motions to Dismiss will be considered to be applicable to the operative Amended Counterclaims without the need for furtherfiling or amendment). Also, the Court directs the Parties to address in their supplemental filing whether, in light of NASCAR’s allegations and requested relief involving the 2025 Charters, the other chartered race teams not currently involved in this action are required parties pursuant to Rule 19 of the Federal Rules of Civil Procedure. The briefs shall be limited to no more than 15 pages in length. No other reply or response briefs are permitted, as it is clear that the Parties well understand each other’s positions based on the earlier briefing. However, the Court will schedule oral argument on the Motions to Dismiss if it believes it is necessary to do so.

The second part there is most important as the Judge is also asking NASCAR if it wants to include the other teams, those that ultimately signed the charter extension agreement after two years of contentious negotiations, into the suit or if the other teams want to join 23XI and Front Row in the suit against the Sanctioning Body.