As the high-profile 23XI Racing NASCAR lawsuit involving Front Row Motorsports moves closer to its December 1 trial date, legal teams are clashing over whether owners Michael Jordan and Denny Hamlin’s private financial records should be presented in court. This dispute comes as decisions are made over which evidence and witnesses will be accepted, shaping the case’s direction just weeks before key court proceedings.
Earlier this week, Judge Kenneth Bell dismissed NASCAR’s counterclaim that accused 23XI Racing, Front Row Motorsports (FRM), and Curtis Polk of collusion, clearing significant obstacles ahead of trial. With this decision, both sides are accelerating final pretrial motions, determining what documents and testimony will be included when proceedings begin in December. As part of this process, filings were submitted starting Thursday evening, heightening tensions surrounding evidence disclosure.
Controversy Over Personal Financial Disclosures Intensifies
Debate over financial privacy has become a central issue, shaping the tensions between 23XI Racing, FRM, and NASCAR. Reporting from Fox Sports’ Bob Pockrass highlights the most contentious motion currently under consideration: whether the personal finances of Michael Jordan and Denny Hamlin should be available to the court. NASCAR insists that if the lawsuit argues for damages based on monetary losses, then an owner’s financial well-being is relevant for the defense. On the other hand, the teams argue these personal records have no material relevance to their claims about the competitive limits imposed by NASCAR’s charter system.
“Of pretrial motions, the one on how much personal finance info should be allowed is intriguing,”
Pockrass wrote on X.
“23XI/FRM want Michael Jordan & Denny Hamlin’s personal financials to be off-limits. NASCAR says they’re fair game – but if off-limits, then Jim France’s should be as well.”
— Bob Pockrass, Fox Sports
Names such as Richard Childress, Heather Gibbs, Roger Penske, Rick Hendrick, Rob Kauffman, and Steve Newmark have appeared on prospective witness lists, signaling the broad array of racing leaders who could be called to testify. The legal teams are also debating financial records for Front Row Motorsports owner Bob Jenkins, with NASCAR claiming Jenkins intentionally lessened his companies’ profits for reasons external to racing. Jenkins, in his filings, alleges his teams have accumulated $60 million in losses since 2016, further illustrating the financial stakes in play.
“NASCAR also questions Front Row’s profit/loss numbers as it claims Bob Jenkins reduced potential revenues/profitability to help other financial endeavors. Jenkins claims his teams have lost $60 million since 2016.”
— Bob Pockrass, Fox Sports
With both sides sharply divided over what’s fair to present to the jury—and what should remain private—the case’s core continues to center on the financial operations of key organizations and individuals in the Cup Series. The judicial decision regarding access to owners’ personal finances could reshape not only the strategy in this trial but also set a precedent for how similar disputes are decided in future NASCAR or sports-related cases.
NASCAR Leadership Urges Settlement While Warning of Wider Risks
Against this contentious legal backdrop, NASCAR’s leadership is calling for resolution before the trial proceeds. Commissioner Steve Phelps and President Steve O’Donnell, during the annual State of the Sport address ahead of the championship weekend, addressed the lawsuit’s strain on the sport but reassured stakeholders of NASCAR’s unity and ongoing financial strength. Phelps made clear that while most Cup Series organizations are not involved in the antitrust dispute, the legal action could threaten NASCAR’s foundation if the current charter system is dismantled or altered as a result.
“NASCAR is fully aligned with our race-team partners who have submitted declarations hoping to end this litigation,”
Phelps said (via Fox Sports).
“We are trying our hardest. I am trying my hardest both as a fan as well as the commissioner of this sport that I’ve loved since I was 5 years old.”
— Steve Phelps, NASCAR Commissioner
Phelps continues to defend the charter system established in 2016, which provides everyday financial security for participating teams and guarantees their Cup Series entry, a system he calls essential for the sport’s stability. Despite only a minority of the chartered organizations being plaintiffs in this lawsuit, NASCAR’s leadership warns that a court ruling against the charter could undermine competitive balance and the entire business model supporting race teams across the industry.
“The charter system is a critical part of the sport, something we created with and for the teams,”
Phelps added.
“We’ll continue to defend and preserve it. Make no mistake, the lawsuit puts this at risk.”
— Steve Phelps, NASCAR Commissioner
The ongoing conflict has already weathered days of failed settlement talks, with NASCAR highlighting steps towards increased transparency and economic welfare in the upcoming 2025 charter framework. The $431 million payout pool, noted by officials, stands as a testament to NASCAR’s continued investment in its teams and partners.
With the final pretrial hearing scheduled for November 12, every legal maneuver underscores the high stakes and complex emotions running through the multi-entity battle. The outcome of the 23XI Racing NASCAR lawsuit, affecting figures like Michael Jordan, Denny Hamlin, Steve Phelps, and others, could reshape governance and financial operations throughout motorsports, with far-reaching consequences for teams, organizations, and the future structure of the sport.
Of pretrial motions, the one on how much personal finance info should be allowed is intriguing. 23XI/FRM want Michael Jordan & Denny Hamlin’s personal financials to be off-limits. NASCAR says they’re fair game – but if off-limits, then Jim France’s should be as well. (1/2) https://t.co/YrgKMmRw5s
— Bob Pockrass (@bobpockrass) November 4, 2025
