NASCAR seeking to add emails, texts from Denny Hamlin, Curtis Polk, and others in new legal filing

On Wednesday, NASCAR attorneys filed a motion for leave to amend the counterclaim with the Western District of North Carolina. They are asking Judge Kenneth Bell for permission to amend their counterclaim against 23XI Racing, Front Row Motorsports, and Curtis Polk.

This motion provides a little bit of context, but large portions of the document are redacted. NASCAR is seeking to add emails, texts, and other communications to and from Denny Hamlin, Curtis Polk, the Race Team Alliance, Team Negotiating Committee, and others.

Since the deadline for amending the counterclaim passed before these documents were submitted by 23XI and Front Row, NASCAR is asking for this motion for leave to amend the counterclaim.

After reading over the latest filing in the NASCAR lawsuit, here is what I have taken away from it. NASCAR is maintaining the same underlying argument it had in the original counterclaim.

• After the March 15, 2025, deadline to amend the counterclaim, 23XI/FRM provided 200,000 pages of emails, texts, and other communications.
• NASCAR claims these documents “indisputably confirm” their counterclaim.
• 23XI, FRM, and Curtis Polk “knowingly entered into illegal agreements with other teams.”
• NASCAR has not changed the underlying counterclaim allegations and seeks to strengthen their argument with additional documents.

The thing that caught my eye was the term “co-conspirator teams.” This would be referring to teams that are not named in the lawsuit but possibly participated in the alleged activities that NASCAR believes to be illegal.

The crutch of this filing isn’t about the content of the quotes. Really, it is whether or not NASCAR should be granted the right to amend after the deadline has passed. NASCAR cites a number of case laws to support their argument to amend the counterclaim.

NASCAR lawsuit continues with counterclaim against 23XI, Front Row

23XI Racing and Front Row Motorsports are suing NASCAR over antitrust claims. During the course of the lawsuit, things have gone in the teams’ favor, more or less. They were granted an injunction to not only maintain their status as chartered teams but also to each expand and purchase an additional charter.

NASCAR has challenged that injunction in the Fourth Circuit Court of Appeals. That appeal will have a hearing in early May and a decision could be reached by the end of June. Imagine the chaos that would ensue if 23XI and Front Row have all six charters revoked in the middle of the season.

With this countersuit, NASCAR is hoping to get the teams for unlawful practices. They believe the teams conspired illegally to get better terms in the 2025 charter deal. In the proposed amended counterclaim, they have added pages of email and text communication that they say support their argument.

So, another step in the NASCAR lawsuit. Ideally, we will see what these redacted quotes say at some point. However, for now, we will have to wait. That appeal hearing could potentially reverse the course of this entire court case.