Judge Bell doubles down on 23XI, FRM and NASCAR order to resolve Richard Childress testimony dispute

The NASCAR antitrust trial has closed out on another day. Judge Kenneth Bell doubled down on his request to resolve the Richard Childress issue. Childress was asked in court about a potential sale of a stake in Richard Childress Racing that fell through. That information was supposed to be disclosed under a non-disclosure agreement.

23XI Racing and Front Row Motorsports’ attorneys protested when the sale was brought up. They wanted to know where NASCAR’s attorneys got the information. If it was indeed supposed to be protected by an NDA, there could be an issue.

Judge Bell requested the teams figure out a way to mediate the situation themselves. Today, Bell doubled down on that request with an additional threat. If the two sides don’t come up with a solution, either revealing who gave NASCAR the information or coming to another agreement, the judge will make a decision himself.

“Judge Bell confirmed to the jury that the trial likely won’t be over till next week but NASCAR should be done presenting by the end of this Friday,” Adam Stern of Sports Business Journal reports. “He also ordered the sides to resolve the dispute over the RCR sale talks document by tomorrow or he will issue his own order.”

So, the two sides need to figure this out. It also sounds like the NASCAR trial will mostly be wrapped up this Friday. However, examination of the final witness and/or closing arguments could likely happen on Monday.

Richard Childress was not happy to hear that this information was in NASCAR’s hands. Childress owns 60% of RCR, with Chartwell Investments making up the other 40% of ownership. Chartwell has shopped its shares around in the past, but ultimately has stayed committed to RCR.

Richard Childress might sue Steve Phelps, NASCAR

Depending on what decision he makes, Richard Childress could end up in court with NASCAR again in the future. Following the infamous “redneck” texts from NASCAR Commissioner Steve Phelps, Childress made it known he was considering legal action.

When Childress left the courthouse in Charlotte on Tuesday, he refused to talk about those texts. With his refusal to discuss the issue, it is clear that legal action is very much on the table. Whether or not it happens remains to be seen, but Childress is a proud man, and likely willing to pursue this if he feels he has even a decent chance to succeed.

The NDA stuff is different. It will be interesting to see what Jeffrey Kessler and Christopher Yates, and their respective legal teams, come up with to resolve the issue. Yates and NASCAR might be fine with Judge Bell making the decision, but coming up with a solution with Kessler and the teams would likely go a long way with the judge and jury.