The Rick Hendrick NASCAR lawsuit is intensifying, just weeks before the December 1 trial date, as 23XI Racing and Front Row Motorsports push for unfiltered testimony from veteran owners Rick Hendrick and Roger Penske. The legal dispute, fueled by allegations of unfair business practices around NASCAR’s charter system, now threatens to expose deep rifts within the sport’s most established alliances.
23XI Racing, co-owned by Michael Jordan, and Front Row Motorsports claim that the entrenched power of organizations like Hendrick Motorsports and Penske Racing has shaped the sport’s evolution, particularly during the 2024 charter negotiations. These talks included input from Jeff Gordon of Hendrick’s organization, while Roger Penske leveraged his IndyCar interests that often depend on NASCAR support. Both men now face calls for broad-ranging courtroom testimony—something NASCAR itself has resisted, aiming to shield these influential figures as the antitrust trial looms closer.
Legal Battle Over the Scope of Testimony
In the latest development, 23XI and Front Row charged forward with requests to compel Hendrick and Penske to answer under oath on “all topics,” disregarding what they describe as filtered testimony pre-approved by NASCAR’s highest ranks. According to journalist Jeff Gluck,
In a new motion today, 23XI and Front Row are asking the court to force Rick Hendrick and Roger Penske to testify about all topics, not just the “sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide.
— Jeff Gluck, Journalist
The plaintiffs argue that the wide influence exerted by Hendrick and Penske over the business and sporting structure necessitates unhindered questioning. NASCAR, meanwhile, has fought back by proposing strict guardrails for any testimony, a move highlighted by the organization’s efforts to keep its powerful partners from deeper scrutiny. This tactic comes after both Hendrick and Penske submitted written statements backing NASCAR’s position on charters—statements now at the heart of the controversy.
The situation took a sharper turn when NASCAR added Rick Hendrick and Roger Penske to its list of trial witnesses on September 10, 2025, well after the official deadline. Neither owner had expressed willingness to testify at that point. The plaintiff teams called this a calculated move to bar effective challenges, stating in their legal brief,
It is NASCAR that included Mr. Hendrick and Mr. Penske on their trial witness list, despite counsel for the two men repeatedly telling Plaintiffs that Mr. Hendrick and Mr. Penske had no intention of testifying.
— Plaintiffs’ Legal Filing
Pushing for full depositions, the teams insist that only through a detailed, unfiltered questioning process can the credibility of the written statements about NASCAR’s charter system be tested. In defense, NASCAR has attempted to turn the blame back on the plaintiffs, suggesting the timing could have allowed for depositions had prompt action been taken. They claimed,
They strategically chose to sit on their hands and wait until less than four weeks before trial. Had they moved or said anything at the time of the disclosure, there would have been ample time to take the depositions within the discovery period.
— NASCAR Filing
Legal experts observe that NASCAR’s legal maneuvering may have boxed itself in. Antitrust scholar Harry First noted,
They (NASCAR) define a market, which was pretty much the same as the market that Michael Jordan defined… So they basically define the same markets, and the judge says, sorry, you’ve already admitted it… I mean, I think it’s pretty supportable on appeal, and there would have been ways to handle the complaint that didn’t fall into this trap, but they were sort of too clever by half.
— Harry First, NYU Antitrust Attorney
Hendrick and Penske Statements Under Scrutiny
Rick Hendrick’s formal stance emphasized fears of economic risk, arguing via his official statement that,
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.
— Rick Hendrick, Hendrick Motorsports Owner
The backdrop to this legal drama involves not only the high financial stakes tied to NASCAR’s business model but also the closely held interests of some of the sport’s most powerful team owners. Fans and analysts have observed that the continued back-and-forth has only heightened the sense of unease ahead of the trial, with accusations flying about hypocrisy and lack of transparency from all sides.
Internal Conflicts Exposed Within 23XI
Adding fuel to the fire, previously undisclosed internal struggles at 23XI Racing have surfaced through leaked communications, revealing tensions over financial management and strategy during the charter negotiations. An email from 23XI CFO Zachary Brown, sent to Michael Jordan, sharply criticized co-owner Denny Hamlin’s financial practices, stating,
He is a terrible businessman. He ascribes to the dumb theory that if he spends more money, it will translate into wins and speed. This is only true to a small extent.
— Zachary Brown, 23XI CFO
Brown’s assessment portrays Hamlin’s spend-at-all-costs attitude as a double-edged sword—occasionally yielding strong on-track results but often leading to overspending on equipment and personnel. The email’s blunt tone underscores the pressure teams feel to remain competitive, even as their budgets come under strain from the very charter system at the heart of the lawsuit.
Hamlin, one of the team’s founders since 2020, has argued against NASCAR’s financial terms, although these revelations suggest that internal discord over resource allocation lingers even among those challenging the league. The internal strife was reinforced by reports that Hamlin’s crew chief expressed similar doubts, echoing the skepticism about indiscriminate spending in racing operations.
Significance and Potential Consequences for NASCAR
As the trial date approaches, the Rick Hendrick NASCAR lawsuit threatens to redraw fault lines between teams, league executives, and racing legends who once stood united. The outcome could profoundly impact how revenue, decision-making, and team independence are handled in top-tier stock car racing. Should Hendrick and Penske be compelled to provide wide-ranging testimony, it may expose business practices and league pressures rarely seen by the public, potentially changing negotiations for years to come.
This escalating courtroom drama represents more than a dispute among teams; it lays bare the growing instability in NASCAR’s power structure, especially as influential figures like Michael Jordan and Denny Hamlin challenge longstanding norms. The resolution of this suit will not only determine the immediate fate of the charter system but could change the commercial and sporting landscape of NASCAR, affecting everyone from team owners to race fans.
In a new motion today, 23XI and Front Row are asking the court to force Rick Hendrick and Roger Penske to testify about all topics, not just the "sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide."
— Jeff Gluck (@jeff_gluck) November 10, 2025
