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If you have been keeping up with the NASCAR lawsuit, then you know that one thing is for certain. There have been endless twists and turns throughout the year. And now, as NASCAR and 23XI Racing/Front Row Motorsports had a face-off on October 21 through 23, they had endless conversations, but they didn’t lead to a settlement, as Judge Kenneth Bell mentioned.

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And now the next chapter in the lawsuit saga is unfolding. According to FOX Sports’ Bob Pockrass, both sides are expected to submit their responses to a pre-trial motion tonight, and early filings are already trickling in. Among them, one name seems to be sticking out more than others.

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Insider drops the witness list amid NASCAR’s battle

One brief reportedly reveals that the potential witness list includes some of the sport’s biggest figures, such as Richard Childress, Roger Penske, Rick Hendrick, Steve Newmark, and Rob Kauffman. And now, among them, Heather Gibbs, the daughter-in-law of Joe Gibbs, seems to be in the mix.

Heather Gibbs, who also serves as the co-owner of Joe Gibbs Racing, has increasingly taken a leadership role within the team since the passing of her husband, Coy Gibbs, in 2022. And now she is set to involve herself in the NASCAR lawsuit. Joe Gibbs has been highly vocal throughout the NASCAR lawsuit and has disclosed that the current system, especially the charters, has value but needs structural reform, aligning closely with the legal challenges the two teams have brought forward.

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In a statement, he said, “I think that the charter system has created equity value, though it is imperative that the equity value become permanent. I have repeatedly expressed my strong desire for the charter system to become permanent in nature, and I continue to hold out hope that will one day be the case. Doing so would, in my view, solidify the financial health and well-being of the Cup teams and the sport as a whole.”  As things stand, Heather Gibbs may be taking this forward.

This filing also notes that 23XI Racing and Front Row Motorsports are asking the court to block speculation about why owners originally signed the charter agreements, arguing that it’s irrelevant to how the system operates today. With some of NASCAR’s most influential names now tied to the case, the battle for control of the sport’s future is getting harder to ignore.

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In the last few weeks, both teams have been pushing back against NASCAR’s control over the sport’s charter system. The dispute, centered on how teams earn guaranteed race spots and share revenue, is now heading to a trial after mediation efforts earlier this month. Thousands of pages of filings have already been made public, giving fans an inside look at how money and power flow behind the scenes of NASCAR’s top teams.

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And as for the owners in the witness list, they have made their stance very clear. Richard Childress believes that he signed the lawsuit too fast. Last year, he publicly acknowledged that he felt pressured when the NASCAR charter agreement came across his desk. He stated he received the document on September 6 at 6:37 pm. ETN was told it had to be signed by midnight; otherwise, his team’s charter might be revoked. Childress mentioned, “ I didn’t have a choice… I have over 400 employees, OEM contracts, contracts with sponsors, and I have to take care of my team.”

Add to that, Judge Kenneth Bell dismissed NASCAR’s counterclaim, giving 23XI Racing an upper hand. But for now, NASCAR still believes in settling without the Dec 1 trial. However, as things stand, the trial looks more plausible, and with the date nearing, the battle between the two parties is definitely heating up.

JGR shows support for Michael Jordan’s demands from NASCAR

Just a few days ago, Bob Pockrass also revealed a heartfelt letter written by Heather Gibbs to the France family. In 2024, far from a routine business memo, it was a deeply personal appeal that reflected what many NASCAR owners had long felt: the sport’s financial model was no longer sustainable.

While she praised NASCAR’s legacy, Gibbs urged the France family to make the sports charters permanent or evergreen. Currently, charters run limited-term agreements, leaving teams like JGR vulnerable despite decades of investment. She wrote, “We are not like most businesses and are different from most of the owners in the garage. Please understand that when you say no to permanent charters, you are disregarding 32 years of dedication.”

She reminded NASCAR that Joe Gibbs Racing had reinvested nearly everything back into the sport, developing drivers like Denny Hamlin and Christopher Bell and even helping launch 23XI Racing with Michael Jordan. Yet, despite these contributions, Gibbs took great exception to suggestions that teams were responsible for money, stressing that organizations struggled under the current revenue-sharing system.

Her letter ended with a call for partnership, not negotiation, saying, “It is my hope and prayer that your family can understand that this is not a negotiating point. If the likes of both parties can agree to permanent evergreen charters are necessary for the growth of our sport, just think how we can flourish together.” 

And today, those same themes of fairness, stability, and respect attempt to echo through 23XI Racing’s side in the ongoing legal battle. With all eyes and ears on the next update, the NASCAR community is definitely hoping for a closure too.

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