23XI Racing and Front Row Motorsports Seek Summary Judgment in NASCAR Case

23XI Racing and Front Row Motorsports have filed for a summary judgment regarding NASCAR’s counterclaim that alleges the teams conspired to negotiate better charter terms. The motion, submitted on Friday, asserts that NASCAR’s claims lack both legal and factual merit, labeling them as retaliatory litigation tactics.

The filing states, “Summary judgment should be granted now, so that the parties can plan for the December 1, 2025 trial with the knowledge that NASCAR’s baseless counterclaim is not going to distract from the purpose of those proceedings.” The aim, according to the teams, is to expose NASCAR’s alleged monopolistic practices.

A decision on the summary judgment will be rendered by U.S. District Court Judge Kenneth Bell. If granted, it would eliminate the need for jury involvement in the counterclaim, focusing the case primarily on the antitrust issues raised by the teams.

NASCAR’s counterclaim, filed in March, was a response to a joint antitrust lawsuit from 23XI Racing and Front Row Motorsports initiated in October. The teams counter that NASCAR has failed to establish any genuine material fact supporting its conspiracy allegations, maintaining that it was NASCAR that attempted to negotiate separately with race teams.

The filing also challenges NASCAR’s assertions of ‘boycotts’ against its events, stating that “there is nothing in the discovery record to support these boycott allegations.” Evidence has emerged that includes NASCAR-proposed contingency plans for possible race boycotts, referred to as “Project Gold Codes.”

Should the court not grant the summary judgment, 23XI Racing and Front Row Motorsports plan to request that the counterclaim proceed as a separate trial in 2026, aimed at preventing complications in the scheduled December trial.

NASCAR has until October 3 to respond to the summary judgment request.

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