The antitrust case between 23XI Racing and Front Row Motorsports vs. NASCAR continued this week. While it wasn’t as document-heavy as the previous week, many of the most recent court happenings revolved around two of the biggest team owners in NASCAR.
When we last left off, Judge Kenneth D. Bell granted a motion that would have Roger Penske and Rick Hendrick deposed before the Dec. 1 trial. The two team owners opposed this motion.
Here’s a breakdown of the key happenings from the case this past week.
- On Nov. 10, the teams responded to the two owners’ objection to the deposition, saying NASCAR is the reason Penske and Hendrick even became involved in the first place, and adding that the teams have the right to cross-examine the owners.
- “NASCAR is the one dragging Mr. Hendrick and Mr. Penske into the trial. … It is NASCAR that included Mr. Hendrick and Mr. Penske on their trial witness list, despite counsel for the two men repeatedly telling [the teams] that Mr. Hendrick and Mr. Penske had no intention of testifying.”
- The same day, the teams and NASCAR submitted a joint filing known as their “voir dire proposals.” This included a list of questions they agreed to ask to potential jurors. Many of these questions revolved around the familiarity any potential jurors had with the teams, with NASCAR, and any other people involved in the case. Here are just a few examples:
- “Has anyone heard of 2311 Racing, LLC? If so, please indicate how you are familiar with 2311 Racing, LLC.”
- “Has anyone heard of NASCAR? If so, please indicate how you are familiar with NASCAR.”
- “Has anyone been represented by Winston & Strawn LLP?”
- “Does anyone have an interest, personal or otherwise, in the outcome of this case?”
- On Nov. 11, Judge Bell denied a protective order filed by Penske and Hendrick in their attempt to avoid being deposed.
- “Unless NASCAR irrevocable commits to not call these individuals as trial witnesses, then [the teams] have the right to promptly depose them before trial.”
- Thursday, Nov. 13, the teams then filed another motion, this one to exclude Hendrick’s trial testimony. Their reason was that they were unable to find a time to depose Hendrick before the trial begins on Dec. 1.
- NASCAR opposed the teams’ motion on Nov. 14, and Judge Bell ordered the sides to work with Hendrick to find a time for deposition.
- Also on Nov. 14, Judge Bell handed down a number of rulings on various motions made over the past month regarding what to exclude from testimony.
- The court added some restrictions and guidelines on what Edwin Desser, brought forward by NASCAR, is allowed to testify about.
- The court did the same for Paul K. Meyer, another expert witness by NASCAR.
- The court denied NASCAR’s motions to exclude the testimony of the teams’ expert witnesses Timothy Frost, Dr. Daniel Rascher and Dr. Edward Snyder.
- The court provided further guidelines on what topics may or may not be touched on with respect to 23XI and FRM team owners, as well as Jim France.
- The court ruled on a variety of other motions set forth by the teams and NASCAR, laying the groundwork for how the two sides will argue in court and what resources they will have at their disposal.
Caleb began sports writing in 2023 with The Liberty Champion, where he officially covered his first NASCAR race at Richmond in the spring. While there, Caleb met some of the guys from Frontstretch, and he joined the video editing team after graduating from Liberty University with degrees in Strategic Communications and Sports Journalism. Caleb currently work full-time as a Multi-Media Journalist with LEX 18 News in Lexington, Kentucky and contributes to Frontstretch with writing and video editing. He's also behind-the-scenes or on camera for the Happy Hour Podcast, live every Tuesday night at 7:30!
Judge Bell is first class. Also, he will not be influenced by ANY star power and will follow the law, not the theatrics of the lawyers or one particular owner.
The other issue is the Appellate court. Regardless of what a jury decides. AND the jury will not be composed of just Charlotte residents proper, but all of Western NC. So, there will be various people serving who, at the threat of being charged with the Federal crime of perjury, will not be influenced by any said “owner.”