December 1 is creeping closer, and the NASCAR lawsuit is shifting gears fast; however, it’s anything but calm in the courtroom. The final week of October turned into a legal slugfest, with both sides digging in and refusing to back down, each clutching the arguments like a dog refusing to drop its bone. What started as 23XI Racing and Front Row Motorsports’ bold refusal to sign NASCAR’s new charter deal has exploded into one of the sport’s most-watched legal battles.

And for now, the underdogs are winning the laps that matter. Just last week, Judge Kenneth Bell tossed out NASCAR’s counterclaims, giving the two teams a powerful lead heading into the trial. However, with another favorable ruling in the corner, it’s starting to feel like Christmas came early for the plaintiffs.

Judge Bell grants 23XI and FRM to take depositions from Hendrick and Penske

The NASCAR lawsuit has been heating up as both parties are definitely burning the midnight oil. 23XI Racing and Front Row Motorsports have requested court approval to question (take depositions from) Rick Hendrick and Roger Penske before the December 1 trial. They argue that both Hendrick and Penske were added to the list of potential trial witnesses only after the discovery phase had officially closed, which isn’t allowed under normal court procedure.

In simpler terms, the two teams are saying NASCAR is trying to add two major team owners as witnesses too late in the process. According to FOX’s Bob Pockrass, when Rick Hendrick was asked about it, he said he hadn’t been informed that he was on any witness list. The NASCAR journalist tweeted that Mr. H preferred the lawsuit to be resolved outside of court, but wasn’t sure whether that would actually happen.

This news follows just two days after both sides were expected to file their response to a pre-trial motion. On the night of November 4, early submissions had already begun surfacing. One filing reportedly reveals a high-profile list of potential witnesses, featuring major figures like Richard Childers, Steve Newmark, Rob Kauffman, and Heather Gibbs, apart from Rick Hendrick and Roger Penske.

That same filing states that the two teams have asked the court to prevent speculation about why team owners initially signed the charter agreements, claiming it has no bearing on how the system functions today. With so many of NASCAR’s most influential names now connected to the case, the fight of the sports feature is becoming increasingly difficult to overlook.

At the center of the dispute is NASCAR’s new charter agreement, introduced at the start of the 2024 playoff after more than two years of tense negotiations. The charters, essential for guaranteed race entries and stable revenue, came with a tight signing deadline. 23XI and Front Row declined to sign, arguing the terms left them no fair alternative. Now running as uncharted teams with significantly reduced payouts, both claim that the deal structure could drive them out of business without reform.

But this latest twist is just the icing on an already wild cake. Judge Kenneth Bell, who’d been expected to rule on the summary judgment motions argued at length back on 23 October 2025, finally delivered his decision yesterday, and let’s just say, 23XI and FRM might’ve just chalked up another big win.

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

On Tuesday, as the federal judge narrowed the case’s focus and increased the pressure for a potential settlement, US District Judge Kenneth Bell granted the teams partial summary judgment on a key issue: the definition of the relevant market. Belle ruled that the case will move forward under the classification of “premier stock car racing,” rejecting NASCAR’s claim that teams dissatisfied with its terms could simply move to other series like IndyCar or Formula One. Especially, the court agreed that open-wheel racing isn’t a realistic substitute for the NASCAR Cup Series.

In his reasoning, Judge Bell cited NASCAR’s own filings, noting that the organization had already 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.” He added pointedly, “The same transaction — the sale and purchase of premier stock-car-racing services — cannot be a different relevant market depending only on which side is complaining. Most simply put, NASCAR made a strategic decision in asserting its counterclaim and must now live with the consequences.”

The ruling also rejected NASCAR’s attempts to have the case dismissed entirely. A jury will now determine whether NASCAR holds monopoly power in the defined market and whether it used that power in an anti-competitive way. The case is scheduled for a trial on December 1. Last week, Judge Bell also dismissed NASCAR’s countersuit against 23XI, FRM, and Curtis Polk, Michael Jordan’s longtime business advisor and the co-owner of 23XI Racing. And now with the wins in the bag, all eyes will remain on the long-standing lawsuit that has kept everyone on their toes.