23XI, FRM vs. NASCAR lawsuit: Hearing date set for summary judgment motion

Another hearing date has been set in the NASCAR lawsuit. This time, regarding the summary judgment motion in the counterclaim. 23XI Racing, Front Row Motorsports, and Curtis Polk have requested that the counterclaim by NASCAR be decided via summary judgment and more or less thrown out.

As part of the motion for summary judgment, the attorneys for the teams and Polk provided a good deal of evidence. That included messages between NASCAR executives and other internal documents. Most were sealed from the public’s view.

The two sides will meet for a hearing in front of Judge Kenneth Bell on October 21, 2025. That hearing will take place in Charlotte, North Carolina, at 1:30 PM. It will determine whether or not this NASCAR lawsuit goes from one trial to two.

23XI, Front Row, and Polk want this counterclaim to go away. For them, it is more of a distraction to the case at hand than anything. However, that is for Judge Bell to decide next month. If the counterclaim is not ruled via summary judgment, the teams and Polk have requested a trial date for 2026 in order to prepare for the December trial this year.

The hearing in October will also address two other motions from the teams. They have asked for three of NASCAR’s expert testimonies to be excluded. Those are three witnesses that NASCAR is using as part of its arguments as both the Defendant in the main lawsuit and the Counter-Plaintiff in the counterclaim.

NASCAR lawsuit continues as Playoffs enter Round of 12

Remember when we all thought that NASCAR and the teams would have a charter agreement in place by the 2024 Daytona 500? Now, we’re about 18 months from that date and this situation is still going on.

The NASCAR lawsuit has been hanging over the entire season. Even as we have had great finishes, races, and moments, the lawsuit has been there to remind folks that this might be the last “normal” season we see. As the NASCAR Playoffs begin the Round of 12 this weekend, the lawsuit rages on.

It is obvious why dismissing the counterclaim would be beneficial for the teams. The legal team needs to focus on the main lawsuit at hand. However, NASCAR could end up having a legitimate counterclaim, and Judge Bell may allow it to advance.

If it were to advance, that would be more work and drag this lawsuit out further. 23XI Racing and Front Row are just hoping they exist in 2026. Having to worry about a second trial in 2026 is the last thing any of them wants to do. We’ll see if they end up having to go to trial a second time or if these counterclaims will be thrown aside.