NASCAR attorney scores point questioning Bob Jenkins over attempted FRM sale to 23XI

Four days are down in the 23XI Racing and Front Row Motorsports versus NASCAR antitrust lawsuit trial scheduled to last 10 days. NASCAR attorney Lawrence Buterman began cross-examining FRM owner Bob Jenkins on Wednesday, which continued into Thursday.

One of the main topics covered was FRM’s attempted sale of a charter/merger with 23XI in 2021. A September 4, 2021, email exchange between Jenkins and 23XI co-owner Denny Hamlin was brought up, in which Jenkins imposed a Friday afternoon deadline to Hamlin in negotiations of the transaction.

Why was this important? Well, you’d have to go back to Sept. 6, 2024. NASCAR reportedly handed the teams a “take-it-or-leave-it” Charter Agreement offer at 5 p.m. ET. Both 23XI and FRM were critical of NASCAR over the offer, and they were the only Cup Series teams not to sign the agreement. Two months later, they filed an antitrust lawsuit against NASCAR and its CEO Jim France, alleging monopolistic practices.

According to NASCAR reporter Toby Christie, Buterman questioned Jenkins why it was OK that he did the same thing he claims was bad when NASCAR did it three years later to him and other team owners. Jenkins responded that Hamlin was negotiating with other teams at the time about a charter. 23XI eventually acquired a charter from StarCom Racing for $13.5 million.

Jenkins then addressed the deadline. He said, per Christie, that he had to either renew with Ford for another season or risk losing manufacturer support and his existing alliance with Roush. He added he did what was best for his team and moved on from negotiations with Hamlin.

23XI, FRM vs. NASCAR lawsuit: Judge Bell levels warning of jury revolt

The cross-examination of Jenkins has concluded. The trial is moving forward, though not at a speed quick enough for Judge Kenneth Bell. At the conclusion Day 4 of the trial, Bell issued a warning to both sides. He wants both legal teams to make sure they are keeping arguments concise and direct.

Bell waited for the jury to leave the courtroom. Once they did, he told both sides that they needed to hurry up, because a third week of this trial is not going to work. The jury would be very upset at everybody in that case.

23XI and FRM are supposed to finish up their arguments by next Tuesday or Wednesday. Then, NASCAR will have the rest of the time to make its defense.

“Judge Bell has issued a warning to both sides to pick up the pace,” Christie reported. “The trial cannot drag to three weeks long, or the jury will revolt. He says both sides need to instruct their witnesses to just quickly answer hard questions instead of trying to deny obvious facts, and that exhibits need to stop beating horses past their death date.”

On3’s Jonathan Howard contributed to this report.