Just when it seemed like the storm had settled, the NASCAR lawsuit took yet another dramatic turn. At the moment when things looked grim for the plaintiffs, especially after losing their charters following the preliminary injunction, Judge Bell appears to have handed them a much-needed reprieve.

Only this time, it’s NASCAR itself that seems to have pulled the trigger on its own foot, a move that could shift the balance in favor of Michael Jordan and Denny Hamlin’s 23XI Racing when the high-stakes trial unfolds this December.

Judge Bell grants Hamlin’s 23XI Racing long-awaited summary judgment

Things are starting to look different for 23XI Racing and Front Row Motorsports. Judge Bell has granted partial summary judgment affirming that “premier stock car racing” constitutes a distinct market, one over which NASCAR holds significant power. This ruling narrows the focus of the upcoming trial to a critical question: whether NASCAR unlawfully exercises power that harms competing teams or restricts fair competition. The decision marks a pivotal moment in the ongoing antitrust dispute, signaling that the court recognizes NASCAR’s dominance in the sport’s top-tier series.

Adding to NASCAR’s blow, the court denied its motion for summary judgment, which sought to dismiss the case on the grounds of the four-year statute of limitations. This means the lawsuit remains alive and will proceed to trial. The ruling reflects the judge’s view that NASCAR’s arguments for dismissal did not sufficiently override the teams’ claims of ongoing harm within that period, keeping 23XI and FRM’s core allegations firmly on the table.

Judge Bell’s remarks further underscored NASCAR’s predicament. Because the organization’s own counterclaim defined the market as “the market for entry of cars into NASCAR Cup Series races in the United States and any other location where a Cup Series race is held,” it could not deny the definition when it became inconvenient.

As Bell sharply noted, “ NASCAR made a strategic decision in asserting its counterclaim and must now live with the consequences… NASCAR wants to (but cannot) have a differently on each side of the same coin—heads we win, tails you lose.” And now that the lawsuit talks are gaining more on-screen time, the NASCAR community will definitely be looking forward to the next update.

However, this isn’t the first time the two teams have had an upper hand in the lawsuit. Just a week ago, Judge Kenneth Bell dismissed NASCAR’s counterclaim. Judge Bell ruled that NASCAR’s claims of improper conclusion, focused on 23XI Racing’s co-owner Curtis Polk’s role in the charter system negotiations, did not have enough basis to move forward.

According to Judge Bell, the alleged boycott amounted to nothing more than a negotiation tactic that had no real impact on NASCAR’s media rights discussions, particularly as the organization briefly resumed one-on-one talks with individual teams. It was further concluded that the teams’ collective efforts during charter negotiations did not constitute an unlawful restraint of trade.

And if the October 21 through 23 meetings proved anything, it is that neither side is willing to give up, and there is no room for a settlement, forcing the lawsuit to reach the courtroom on December 1. And now, as things heat up, a witness list has been thrown into the mix as December approaches.

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Heather Gibbs joins the witness list amid the turbulent NASCAR Lawsuit

According to Bob Pockrass yesterday, the potential witness list for the ongoing NASCAR lawsuit features some of the sport’s most influential figures, including Richard Childress, Roger Penske, Rick Hendrick, Steve Newmark, and Rob Kauffman. Joining that list is Heather Gibbs, the daughter-in-law of Joe Gibbs and a key figure with Joe Gibbs Racing.

Since the passing of her husband, Coy Gibbs, in 2022, Heather Gibbs has taken on a more prominent leadership role within the team. Now, she is reportedly set to become involved in the high-profile lawsuit that has drawn attention across the NASCAR world. Joe Gibbs himself has been outspoken about the need for reform within the sport’s financial and operational structures, particularly concerning the charter system.

Filing also indicates that the two teams have asked the court to dismiss speculation about why owners initially agreed to the charter system, arguing that it has no bearing on its current operation. As more power players become entangled in the case, the struggle of NASCAR’s future governance is becoming increasingly intense.

In recent weeks, both teams have continued to challenge NASCAR’s control over the charter structure, a dispute focused on guaranteed race entries and revenue sharing. Following failed mediation attempts early this month, the conflict is now bound for trial, with thousands of pages of legal filings already exposing the inner workings of money, power, and politics in the sport’s top tier.