23XI, FRM vs. NASCAR lawsuit: Report reveals heated Jim France reaction to Heather Gibbs charter letter
Joe Gibbs Racing co-owner Heather Gibbs sent a lengthy letter in May 2024 to NASCAR leadership after meeting with them, expressing her view of why teams should get permanent charters. Sunday, on the eve of 23XI Racing and Front Row Motorsports’ antitrust lawsuit against NASCAR going to trial in Charlotte, Bob Pockrass of FOX Sports obtained a 23XI/FRM expert report which revealed the sanctioning body’s reaction to Gibbs’ letter.
This, per Pockrass, was the reaction of NASCAR CEO Jim France: “France reportedly read the letter ‘out loud and [was] swearing every other sentence,’ leading other NASCAR executives to conclude that the letter was not helping the teams’ cause.”
The letter was first revealed to the public Oct. 30. Gibbs closed the letter with the following:
“When all the stakes are on the table, teams need to know their worth is valued and secure,” Gibbs wrote. “NASCAR has the guarantee that teams are ‘in it’ for the long run, and teams have assurance from the sanctioning body that their charters are secure. If there was anything to decide to move the team forward it will be trust in them, the owners, the legends and leaders of your sport with a permanent spot in your history book.”
NASCAR trial set for Monday start
After countless motions, failed settlement talks, etc., this case is officially set to go to trial Monday. Of the 15 Cup Series teams that hold the 36 available charters, 23XI and FRM were the only teams that did not sign the Charter Agreement in August 2024. They filed a joint lawsuit against NASCAR and its CEO Jim France that October, alleging monopolistic practices.
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Multiple attempts at reaching a settlement before trial have failed. Both sides are dug in and believe they have a winning case. Judge Kenneth Bell, however, has made it clear he doesn’t see a winner here.
“It’s hard to picture a winner if this goes to the mat — or to the flag — in this case,” Bell said in June. “It scares me to death to think about what all this is costing.”
Jury selection starts Monday morning (nine jurors, three alternates). The trial is scheduled for 10 days. A settlement can happen any time — during trial, after trial while judge makes any additional determinations or while case is on appeal, according to Pockrass. The NASCAR insider expects this to go to the U.S. Court of Appeals, which could take another year or two.