The ongoing federal antitrust trial featuring NASCAR and 23XI Racing in Charlotte has taken a critical turn, as new developments suggest that the Denny Hamlin NASCAR lawsuit advantage could sway the outcome. The combination of revealing documents, electronic correspondence, and the potential testimony of high-profile figures such as Michael Jordan has shifted momentum toward 23XI Racing, according to seasoned observer and former driver Kenny Wallace.
Key Evidence Shifts Momentum Toward 23XI Racing
Since the trial began on Monday, attention has centered on the openness of internal communications and financial documentation brought forth in court. Kenny Wallace commented on his YouTube channel that these disclosures are giving 23XI Racing, co-owned by Denny Hamlin and Michael Jordan, a notable edge over NASCAR. Wallace emphasized the importance of digital evidence uncovered during proceedings, particularly a range of emails, texts, and official financial records.
“I hate to say this. I think 23XI and Front Row have the edge right now. I go back to what Denny Hamlin said. ‘Documents don’t lie.’ Now they can get on that stand and talk all day long. But I believe this case is going to be about documents.”
— Kenny Wallace, former NASCAR driver
Wallace argued that hearsay has become less relevant in modern legal battles, especially when clear digital traces exist. He asserted that the judgment may ultimately rest on the substance of these internal documents, which now publicly illuminate the complex financial landscape facing NASCAR teams.
Revealing Internal Documents and Correspondence
In support of their claim, the plaintiffs submitted an extensive 44-page exhibit collection, outlining all materials they plan to reference during the trial. This compilation features the 2025 charter agreement, internal chat transcripts among top NASCAR executives, contracts governing media rights, and photographs of various race tracks. The list aims to provide a transparent look at both regulatory and operational pressures.
According to the records, 23XI Racing witnessed dramatic financial shifts, with revenue rising from $27.8 million in 2021 to $62.2 million by 2024, fuelled mostly by sponsorship deals. Despite this growth, profitability has fluctuated, with the team reporting a profit of $3.5 million in 2023 but facing a net loss of nearly $2.1 million in 2024. Their legal team argued that the core expense — nearly $20 million annually to field a single car — is challenging even for well-supported organizations.
Testimony and Messages Intensify the Courtroom Battle
Representing 23XI Racing and Front Row Motorsports, attorney Jeffrey Kessler highlighted the significance of internal text exchanges among key NASCAR executives, particularly involving Ben Kennedy and Steve O’Donnell. Kessler sought to show that Jim France, a prominent NASCAR figure, tried to obstruct key team efforts. One cited message recounted France’s angry reaction—reportedly swearing—while reading a heartfelt letter from Heather Gibbs, the daughter-in-law of team owner Joe Gibbs. The letter implored France to make team charters permanent, a proposal with major implications for team stability and value.
Such communications deepen the sense of internal conflict and lend credence to claims that teams like 23XI Racing face institutional resistance. Wallace’s perspective reflects a wider feeling within the racing community that these revelations could prove decisive, pushing the trial’s narrative away from traditional arguments and toward concrete, written evidence.
“Coffee with Kenny”
Hey Wallace!
Why don’t you talk about how about this is hurting @NASCAR ? pic.twitter.com/aVTJk5Vsit
— Kenny Wallace (@Kenny_Wallace) December 4, 2025
— Kenny Wallace, former NASCAR driver
What Comes Next for NASCAR and Its Teams
With Michael Jordan expected to potentially testify and both sides relying heavily on documented communications and financials, the trial is poised to set a precedent for transparency and economic accountability in motorsports. As the legal process continues, the Denny Hamlin NASCAR lawsuit advantage could reshape negotiations between teams and the governing body, highlighting persistent tensions and pressing financial challenges across the sport. Stakeholders in NASCAR and the teams, from executives like Jim France to attorneys such as Jeffrey Kessler, now await the judge’s decision, which may permanently alter the landscape of American stock car racing.
“Coffee with Kenny”
Hey Wallace!
Why don’t you talk about how about this is hurting @NASCAR ? pic.twitter.com/aVTJk5Vsit— Kenny Wallace (@Kenny_Wallace) December 4, 2025
