Judge Dismisses NASCAR Counterclaim; Trial Narrowed

A federal judge granted summary judgment for 23XI Racing and Front Row Motorsports, dismissing NASCAR’s counterclaim that 23XI co-owner Curtis Polk illegally colluded with other teams during charter negotiations. Judge Kenneth D. Bell found NASCAR’s evidence “failed to establish an unreasonable restraint of trade” or an antitrust injury, and said harm to NASCAR’s bottom line did not necessarily equate to harm to competition; the ruling narrows the December 1 trial to the plaintiffs’ original antitrust monopoly claim. NASCAR said it respectfully disagrees and may appeal, while the teams’ attorney Jeffrey Kessler praised the decision. Court-ordered settlement talks held Oct. 21–22 and earlier sessions have so far failed to produce a deal, and 23XI co-owner Denny Hamlin said a settlement before trial seems unlikely, calling the situation "one of us on a suicide mission." Judge Bell set Nov. 12 for pretrial motions and expert disputes; although a settlement could still be reached before or during the trial, talks have stalled to date.