Kelley Earnhardt Miller, Dale Earnhardt Jr. voice disappointment surrounding NASCAR vs. 23XI, FRM lawsuit

It is now Day 8 of the 23XI Racing and Front Row Motorsports versus NASCAR antitrust lawsuit trial. The trial is happening after 23XI and FRM filed an antitrust lawsuit against NASCAR in October 2024 alleging monopolistic practices; Dale Earnhardt Jr. and Kelly Earnhardt Miller feel it never should have gotten this far.

Speaking on Tuesday’s “Dale Jr. Download,” the JR Motorsports co-owners discussed the happenings of the trial up to this point. Dale Earnhardt Jr. said he’s “disappointed in both sides,” adding he’s skeptical any of this will help the sport.

“I’m very disappointed, I am. I’m very disappointed in both sides, honestly,” Dale Earnhardt Jr. said. “I will say that I’m extremely disappointed that we are in this position, and I don’t see how any of this is going to — is helping us as a sport. So, I’m kind of frustrated at both sides. But I also feel like I can agree with certain aspects of both sides’ argument.”

Dale Earnhardt Jr, Kelly Earnhardt Miller dive into NASCAR trial

After countless motions, failed settlement talks, etc., this case went to trial last 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. Two months later, they filed a joint lawsuit against NASCAR and its CEO Jim France.

Multiple attempts at reaching a settlement before trial failed. Both sides believe they have a winning case. Judge Kenneth Bell, however, made it clear before the trial 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.”

Dale Earnhardt Jr. and Kelly Earnhardt Miller share the same opinion as Bell. The latter expressed her sadness of how damaging this has been to the sport.

“This is a big deal,” Kelley Earnhardt Miller said. “And to your point of it dominating your thoughts, I don’t know where I land on everything because every day something new comes out, some more interesting information. I know from the very beginning, I’m sad that this is the position the sport is in, and I’m sad for the sport and the fans and all the people that have supported NASCAR and been a fan all these years for us to get to this point. The things that have come out, I can’t believe that either side would want to come out if they knew all that.”