NASCAR lawsuit: Judge rules in favor of 23XI, Front Row to depose Rick Hendrick, Roger Penske

Judge Kenneth Bell ruled Tuesday that 23XI Racing and Front Row Motorsports are allowed to depose Rick Hendrick and Roger Penske without the limitations requested by NASCAR, according to Bob Pockrass of FOX Sports. Bell’s ruling is in place unless NASCAR “irrevocably commits not to call these individuals as trial witnesses.”

“The trial of this matter will be publicly and fairly contested under the relevant rules and law, without regard to the notoriety of the companies and individuals involved,” Bell wrote. “No company or individual will be accorded special treatment.”

Pockrass previously reported that NASCAR wanted Hendrick and Penske’s testimony/deposition limited to charter, Next Gen origin/value and charters now in IndyCar. Clearly, the teams want the scope to be more than that. This is an antitrust lawsuit about the alleged anticompetitive business practices of NASCAR. Hendrick and Penske are two of the most storied teams in the sport. They work closely with NASCAR. Could they also have some preferred relationship over other teams within the sport? Perhaps that’s what 23XI and FRM want to find out.

23XI, FRM vs. NASCAR lawsuit set to go to trial

NASCAR brought Hendrick and Penske into this lawsuit. First, with the written declarations about the charter system. They stated they want it to remain. 

“Charters delivered guaranteed entry into Cup Series races for Charter holders, which provided stability and a more predictable business model that helped Hendrick Motorsports in myriad areas, including sponsorship sales – a critical revenue source for race teams in NASCAR,” Hendrick wrote in his statement.

“Most importantly, the Charter system has delivered on the teams’ goal of creating long-term equity value, as evidenced by the increasing sales prices of Charters in recent years. I believe the potential loss of Charters [i.e., reverting to the system that was in place prior to 2016, as opposed to improving upon the current Charter system] represents an existential threat to Hendrick Motorsports and other Cup Series race teams. It would jeopardize our business and risk the jobs of thousands of people who rely on our industry.”

23XI and FRM filed the lawsuit against NASCAR in October 2024. Multiple attempts to reach a settlement have failed, and the two sides are set to go to trial Dec. 1.

On3’s Jonathan Howard contributed to this report.