The 13 Cup Series teams that are not directly involved in the lawsuit and countersuit between 23XI Racing and Front Row Motorsports versus NASCAR are effectively asking the court to not bring them into the matter.
On behalf of those teams, the Race Team Alliance (RTA) filed a motion for leave regarding a suggested brief as amicus curiae — meaning a way for the court to be able to solicit information from parties not directly involved but have a strong interest in the outcome of the case.
That would be Hendrick Motorsports, Team Penske, Joe Gibbs Racing, RFK Racing, Rick Ware Racing, Legacy Motor Club, Richard Childress Racing, Haas Factory Team, Spire Motorsports, Kaulig Racing, Wood Brothers Racing, Hyak Racing and Trackhouse Racing.
This is a response to a May 8 decision from the Western District of North Carolina that allowed NASCAR to file an expanded counterclaim while also asking both parties if any of the other race teams should be included in the lawsuit.
The RTA is asking the court to not be involved in the lawsuit on the basis of three reasons:
- The other 13 teams signed the charter agreement, which formed the basis for the lawsuit
- That the other 13 teams do not meet the legal standards (Rule 19) of involvement
- Including the other 13 teams would result in a longer process that would likely spill into the 2026 season, past the intended December 1 trial
As far as that last bullet point is concerned, the discovery phase of this lawsuit and countersuit is ongoing and fact discovery ends on June 30 with all discovery ending on September 19. If the other teams were enjoined in this lawsuit, they would each be entitled to discovery as well.
NASCAR’s countersuit of 23XI and Front Row included allegations that all 15 Cup Series teams engaged in a discussed boycott of the 2024 Daytona 500 qualifying race as spearheaded by 23XI investor Curtis Polk.
To negotiate with teams over the charter agreement, Polk was appointed the leader of a Team Negotiating Committee that also include Jeff Gordon of Hendrick, Steve Newmark of RFK and Dave Alpern of Gibbs.
The RTA refutes the boycott allegation.
“As discussed further below, this claim is legally baseless and does not require joinder of the non-party teams.”
It also says NASCAR doesn’t have an active case against the other 13 teams.
“Second, NASCAR has no claim against the non-party teams, and any claim similar to its counterclaim against Plaintiffs would be legally baseless.”
The RTA filing adds:
“Even if NASCAR attempted to assert a claim against the non-party teams similar to the counterclaim it has asserted against Plaintiffs, such a claim would be legally baseless and thus should not weigh into the Court’s analysis.”
The RTA also chimed in on the allegations against 23XI and Front Row, that all 15 teams illegally banded together to jointly negotiate better terms for the 2025-2031 charter agreement extension.
“To start, the Supreme Court has recognized that some degree of coordination between competitors within sports leagues is often necessary for economic survival. … Furthermore, NASCAR has not alleged that the teams conspired on the subject matter on which they are competitors.
“The teams compete for talent, sponsors, and race purses, and NASCAR does not allege that the teams reached any sort of agreement on whether and how to compete in those areas. Rather, the teams worked together on items on which they have a collective interest—securing from NASCAR a larger piece of the overall revenue of the sport for which the teams can then compete.
“Finally, NASCAR admits that it willingly participated in both collective and individual negotiations with the teams.”
NASCAR offered the following response:
“NASCAR does not believe that non-party charter holders need to be joined to this litigation, unless 23XI and Front Row are seeking to alter the terms of the Charters held by non-party racing teams.”
23XI and Front Row says the other teams may need to be included:
“If the amended counterclaim is not dismissed, and NASCAR persists in seeking relief that would void one of the most important charter rights of the non-party teams, those teams must be joined as necessary parties.”
— Matt Weaver (@MattWeaverRA) May 24, 2025
