Court denies NASCAR request to dismiss 23XI, Front Row lawsuit

Yesterday at 12:40 PM

NASCAR’s motion to dismiss 23XI Racing and Front Row Motorsports’ antitrust lawsuit has been denied.

U.S. District Judge Kenneth Bell made his ruling Friday. He heard oral arguments earlier this week on NASCAR's request to dismiss the case and the request for 23XI and Front Row to post bond. The latter was also denied.

Bell wrote, "What is the actual evidence and how does it inform a correct legal conclusion? These questions cannot be determined on motions to dismiss this action, where Plaintiffs have sufficiently alleged one or more plausible antitrust claims against Defendants within the applicable period of limitations. Instead, the answers must be found when the parties have a full opportunity to pursue discovery of the relevant facts and then at trial, where the jury will be able to weigh the evidence and assess the credibility of the witnesses (unless the case is resolved sooner by the parties or the Court)."

A joint lawsuit from 23XI Racing and Front Row Motorsports was filed on Oct. 2. The lawsuit accuses NASCAR of using anti-competitive practices and the France family of unlawfully monopolizing stock car racing.

A trial date has been set for Dec. 1.

NASCAR's motion for bond was also denied. NASCAR requested the bond to ensure the teams would reimburse the prize money earned by competing as charter teams if NASCAR prevailed in the case.

"Nonetheless, the alleged harm to NASCAR of allowing Plaintiffs to race chartered cars on the same terms as the other 30 chartered teams is presently both uncertain and unquantified," Bell wrote. "However, by this ruling, the Court does not foreclose NASCAR's ability to later pursue reimbursement for harm it contends that it has suffered as a result of a wrongfully entered injunction."