NASCAR’s ongoing charter lawsuit trial saw a pivotal early ruling as Judge Bell decided to bar 23XI Racing co-owners Denny Hamlin and Curtis Polk from attending proceedings before testifying, disrupting the 23XI and Front Row Motorsports alliance during a heated legal dispute. The controversial move in the Denny Hamlin charter lawsuit trial marks a small but significant victory for NASCAR, which faces immense financial and structural risks if found to hold a monopoly in the sport.
23XI Racing and Front Row Motorsports Hit Setback in Court
The dispute involves accusations that NASCAR’s current charter system creates unfair barriers and restrains competition, prompting 23XI Racing and Front Row Motorsports to challenge the organization. As the trial commenced, NASCAR made a formal request to keep witnesses—including co-owners Denny Hamlin and Curtis Polk—out of the courtroom until after their individual testimonies. This legal strategy is used to prevent potential coordination of accounts, reducing the chance witnesses might tailor their statements based on what others say.
Despite initial reluctance, Judge Bell ultimately granted NASCAR’s request to sequester these witnesses. He reasoned that failing to do so could cause procedural errors leading to a mistrial or an appellate court demanding a new trial—an outcome the judiciary aims to avoid for such an influential case.
“Judge said his goal is to have this case go to trial only once – indicating he wasn’t going to risk an appeals court saying he must have a new trial if he ruled to allow Hamlin and Polk hear other witnesses before their testimony.” – Bob Pockrass, Senior Motorsports Journalist
This exclusion does not fully disadvantage Denny Hamlin, who gave his testimony on the case’s first day, immediately after the jury was selected and opening statements occurred. As a result, Hamlin is now able to sit in court alongside Michael Jordan, 23XI’s prominent backer and the plaintiffs’ corporate representative. Curtis Polk, however, must wait his turn to appear.
What Led the Judge to Exclude Hamlin and Polk?
Judge Bell’s decision was motivated by a need to ensure a fair process and avoid significant technical missteps that could threaten the validity of the eventual verdict. By sequestering key witnesses, the court aims to maintain the integrity of testimonies and prevent grounds for appeal. The judge’s stance reflects the high stakes at play, as any error could send the case back to square one, further destabilizing NASCAR’s structure and escalating financial risk.
Observers noted the rare intensity of the ruling, which delivered NASCAR a procedural edge as it tries to dismiss claims of monopolistic practices and an anti-competitive system.
Expert Analysis: How the Lawsuit Could Reshape NASCAR
On The Teardown podcast, legal expert Shannon McMinimee examined the case, underscoring how the burden of proof rests with the plaintiff teams to show that NASCAR’s charter system amounts to a monopoly under the Sherman Act. McMinimee pointed out the wide-reaching authority Judge Bell holds in shaping the outcome of the sport once the jury’s verdict is delivered.
“He sees that even the existence of the current charter system could be viewed as a unfair restraint on trade, and he’s looking at things that could be as broad as making the France family divest ISC and spen that off from NASCAR as a separate entity again; changing the system for purchasing the Next Gen car so that NASCAR is not the sole venue for which those cars can be used, or who controls who seels those parts.” – Shannon McMinimee, Legal Expert
The expert highlighted that the very framework of the charter system might be exposed as an unreasonable restriction of trade. If Judge Bell agrees, remedies could be sweeping—including splitting the France family’s ISC business away from NASCAR or decentralizing control over the Next Gen car platform so teams could race and source equipment beyond NASCAR’s network. Such transformative changes would touch upon the core structure of American stock car racing.
Industry Braces for Far-Reaching Repercussions
McMinimee’s insights are causing major concern across the NASCAR ecosystem. Intervention by the court stands to introduce fundamental changes to how teams and manufacturers operate, shaking the foundation of an already tense industry. The possibility of a court-ordered restructure could irreversibly alter competition, business models, and the influence of leading families and entities like the France family.
Given these risks, many within the community worry about the trial’s potential fallout and continue to advocate for resolving such disputes away from the high-stakes environment of the courtroom, to safeguard the sport’s stability.
As the Denny Hamlin charter lawsuit trial unfolds under a cloud of uncertainty, all eyes remain on Judge Bell, the jury, and the testimony of powerful stakeholders, with the future direction of NASCAR hanging in the balance.
Here is the law on witnesses in the courtroom during other witness testimony: https://t.co/HWiYIjYVjU pic.twitter.com/Z2d683WfYJ
— Bob Pockrass (@bobpockrass) December 1, 2025
