23XI, FRM vs. NASCAR lawsuit: Motion for summary judgment filed for Curtis Polk counterclaim

Tonight, 23XI Racing, Front Row, and Curtis Polk have filed a motion for summary judgment in the NASCAR lawsuit. There is a counterclaim against the teams and Polk from NASCAR alleging that they are the ones who participated in anticompetitive behavior and business practices.

The new filing from the teams asks for a summary judgment on the matter of the counterclaim. If that summary judgment is not granted, the counterclaim-defendants ask that the matter be settled in a separate trial in 2026 as to not to distract from the main issue at hand, the trial in December.

23XI, Front Row, and Curtis Polk are asking the court for a summary judgment to avoid another trial and to save the court’s time. The argument from the counter-defense is, essentially, that NASCAR doesn’t have a strong case, and the court should decide on the matter with the current evidence available.

“The Counter-Defendants have filed this motion for summary judgment against NASCAR’s amended counterclaim prior to the October 1 deadline for summary judgment motions, see Dkt. 84, and respectfully request that the Court consider it on an expedited schedule, so that the parties can prepare for the December 1 trial with confirmation as to whether NASCAR’s counterclaim will be part of the trial,” the motion states. “If summary judgment is not granted against NASCAR’s amended counterclaim, Counterclaim-Defendants intend to file a motion under Rule 42 to bifurcate the counterclaim and have it considered at a separate trial sometime in 2026, because it is not possible to conduct a jury trial over two separate antitrust cases in ten trial days.”

The filing then goes on to dispute the claims in the countersuit. This is another wrinkle in the NASCAR lawsuit that could further complicate things.

NASCAR lawsuit: Counter-Defendants dispute claims

Now, this lawsuit isn’t that different from most. Both sides have made claims against each other. Get this, both sides have denied those claims as well. Curtis Polk, 23XI, and Front Row are all in together as counter-defendants in that case. They want it to go away quickly for obvious reasons.

23XI Racing and Front Row want the legal teams focused on one thing – trial in December. The original lawsuit is what matters here. Polk knows that as well. So, if a summary judgment can be made, that makes things simpler.

NASCAR made several claims against the teams and Polk. Those claims have been disputed in the new filing. They dispute that running as Open teams is feasible. The counter-defendants also note that NASCAR was able to negotiate with teams individually. There is also a denial of any “group boycott.”

The NASCAR lawsuit continues to take different twists and turns. Once this counterclaim is taken care of, there won’t be much action until the trial. December will be here before we know it. Judge Kenneth Bell has warned both sides that a trial could radically change NASCAR as we know it.