NASCAR Moves to Revise Countersuit Against 23XI and Front Row Amid New Evidence Uncovered in Discovery.
The legal showdown between NASCAR and racing teams 23XI and Front Row Motorsports has escalated, with both parties deep in the discovery phase of an ongoing antitrust lawsuit. As part of the process, both sides have been exchanging documents and issuing subpoenas, with the teams even seeking financial information from other sports entities like Formula 1 and its parent company, Liberty Media.
Now, NASCAR is asking the court for permission to amend its countersuit based on newly uncovered evidence. Although large portions of the court filing remain sealed for confidentiality, NASCAR asserts the materials bolster its accusations—particularly those aimed at Curtis Polk, co-owner of 23XI.
According to NASCAR, the evidence reveals that 23XI, Front Row, and Polk engaged in unlawful coordination with other teams regarding the distribution of compensation from NASCAR. They allegedly used Race Team Alliance (RTA) executive director Jonathan Marshall as a go-between.
Polk, who is also Michael Jordan’s longtime business manager and co-owns 23XI with Denny Hamlin, was reportedly authorized by the RTA to negotiate charter terms on behalf of teams, leveraging his experience with NBA franchise operations. NASCAR emphasized that, unlike the NBA—which benefits from labor unions and collective bargaining exemptions—its structure offers no such legal protections, making such coordination potentially illegal under antitrust regulations.
Further, NASCAR accuses Polk of attempting to orchestrate a boycott of the 2023 Daytona 500 qualifying events and meddling in television rights negotiations. Citing redacted emails and meeting records from 2022, NASCAR says Polk and other team leaders discouraged teams from negotiating individually, instead promoting a unified stance to push for improved revenue deals.
NASCAR contends this strategy worked, pointing out that no teams signed the charter extension until the final offer was issued in September 2024. Though most teams ultimately agreed to the deal, 23XI and Front Row held out and filed their lawsuit in October.
According to NASCAR, continued resistance led by Polk and 23XI dissuaded other teams from signing early and created pressure for a better group deal. The organization argues that this coordinated effort secured teams a more favorable agreement than they could have achieved independently.
Still in the discovery stage, NASCAR maintains that additional proof of this alleged scheme will surface and is now seeking to update its countersuit to reflect the findings—assuring Judge Kenneth D. Bell that doing so won’t impact the current trial schedule, which is set to begin December 1.
