NASCAR claim to have 'indisputable' evidence against Jordan's 23XI and FRM in ongoing lawsuit

The ongoing legal battle between NASCAR and two of its racing teams has taken a fresh twist after the series filed a motion in which they now claim to have evidence that 'indisputably confirms' what they have alleged in their countersuit.

Michael Jordan and Denny Hamlin's 23XI Racing, along with Front Row Motorsports, filed a lawsuit against NASCAR in October 2024, alleging anti-competitive and monopolistic practices.

The case has seen several back-and-forth exchanges since, but a notable filing was made in March when NASCAR decided to file a countersuit against the two teams, alleging that they and 23XI co-owner Curtis Polk had 'wilfully violated the antitrust laws' by 'orchestrating anticompetitive collective conduct' in regards to NASCAR's 2025 charter agreements.

In response to this, 23XI and Front Row attorney Jeffrey Kessler slammed NASCAR's move as a 'meritless distraction' and a 'desperate attempt to shift attention away from its own unlawful, monopolistic actions'.

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NASCAR claims to have 'indisputable' evidence

In the latest filing in the United States District Court Western District of North Carolina Charlotte Division, NASCAR has now asked the court for leave so that they can file an amended counterclaim that includes new evidence.

According to the filing, this evidence pertains to 'more than 200 pages of emails, texts and memoranda' that 23XI and Front Row produced after the deadline for NASCAR to file its counterclaim.

In the filing, NASCAR says: "Those documents indisputably confirm what NASCAR alleged in its counterclaim: 23XI, Front Row, and Curtis Polk knowingly entered into illegal agreements with other teams on issues such as fixing the compensation that they received from NASCAR and allocating how that compensation would be divided among the co-conspirator teams.

"These illicit agreements, as the paper trail reveals, were carried out both directly and by using Jonathan Marshall of the Race Team Alliance (“RTA”) as a conduit."

NASCAR adds: "Although its existing counterclaim more than adequately states a claim for relief (as explained in NASCAR’s concurrently filed oppositions to Counterclaim Defendants’ motions to dismiss), NASCAR seeks leave to file an amended counterclaim that includes excerpts of these recently produced documents because they confirm—beyond any doubt—that 23XI and Front Row reached unlawful agreements with each other and other teams, and that Curtis Polk was the ringleader of the concerted effort to set compensation received by the teams, boycott NASCAR events, interfere with NASCAR’s negotiations with media partners, and reach unlawful agreements."

"Given this newfound information, NASCAR seeks leave to amend its counterclaim to account for the new, additional factual information that confirms the existence and scope of Counterclaim Defendants’ illegal conspiracy."

After GPFans contacted 23XI and FRM for comment, their attorney Jeffrey Kessler said: "NASCAR’s response to our motion to dismiss and their need to amend their counterclaim further demonstrates the weaknesses in their arguments, which are an attempt by NASCAR to distract and shift attention away from its own unlawful, monopolistic actions."

"As we have said before, our original lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams, who love the sport.

"These filings change nothing, and we look forward to presenting our case at trial."

The antitrust lawsuit case is set to be heard in court on December 1st.

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