23XI, FRM vs. NASCAR lawsuit: Both sides agree to surprising stipulations ahead of December trial

Today, both sides of the NASCAR lawsuit submitted a filing that more or less outlines how they will conduct themselves at trial. The document is a Stipulation Regarding Matters to Exclude at Trial. There are a few surprising agreements that these two sides have agreed on.

23XI Racing and Front Row Motorsports are suing NASCAR in an antitrust lawsuit. They are essentially attacking the business practices of the sanctioning body, calling it a monopoly. There have been similar antitrust lawsuits in other professional sports, and this one, like those before it, could change NASCAR forever.

It appears we are heading for a trial, but Judge Kenneth Bell has yet to rule on the summary judgment hearing that was held last week. So, a settlement is still a possibility.

If the NASCAR lawsuit goes to trial, there are a few things that neither side is going to be allowed to bring up. This is less of a legal matter and more of a formality of etiquette. They are setting the rules and boundaries for what is permissible at trial. Basically, this is going to limit personal attacks between the parties involved and, ideally, expedite the trial.

Agreed Upon Stipulations:
1. The Parties will not make ad hominem personal attacks or otherwise denigrate counsel at trial, including specifically through attacks on counsel’s role in the litigation.
2. The Parties will not refer to or discuss prior cases where counsel for the Parties served in opposition to one another …
3. The parties will not refer to the allegations in the second sentence of Paragraph 65 of Plaintiffs’ Amended Complaint regarding former NASCAR executive Brian France or the alleged circumstances surrounding Brian France’s departure from NASCAR.

Rules laid out if NASCAR lawsuit goes to trial

So, the rules have been roughly outlined here. No personal attacks allowed. They cannot reference prior cases in which Jeffrey Kessler and Christopher Yates have gone to trial against each other. Also, no talk of Brian France’s departure or why he departed from NASCAR.

For those unaware, Brian France was NASCAR Chairman from 2003 to 2018. He left his position shortly after being charged with a DWI in Sag Harbor, New York. Brian is the nephew of the current NASCAR Chairman, Jim France.

This NASCAR lawsuit has been personal at times. There have been many back-and-forth insults and small, personal jabs. Text messages revealed just how much the two sides perhaps do not like one another on a personal level. So, it is going to be best for the trial if those kinds of attacks simply don’t happen.

Phoenix and championship weekend are days away. After that, all of the focus in this sport is going to be on the upcoming trial. Perhaps the rest of the sports world will wake up and realize what is going on at that point, too.