23XI Racing team owner Michael Jordan. Gary A. Vasquez-Imagn Images

23XI Racing, FRM score another win in litigation vs. NASCAR

By Samuel Stubbs | Last updated Nov 5, 2025 7:51 PM ET

23XI Racing and Front Row Motorsports scored another win in their antitrust case on Wednesday.

Per Fox Sports' Bob Pockrass, the teams will be able to depose NASCAR team owners Rick Hendrick and Roger Penske prior to the Dec. 1 trial for the case, which was levied against NASCAR in October 2024.

Judge Kenneth D Bell granted the motion on Wednesday.

The news comes one day after Judge Bell granted a summary judgment to the teams regarding the definition of premier stock car racing, putting the focus of the trial on whether or not NASCAR used its power in the stock car racing market unlawfully.

Judge Bell has granted the motion by 23XI and Front Row to depose Rick Hendrick and Roger Penske prior to the trial as they are on the NASCAR witness list and, according to 23XI/FRM, they were designated as witnesses after the discovery deadline. https://t.co/ni7MiWa4hs
— Bob Pockrass (@bobpockrass) November 5, 2025

Hendrick has been a NASCAR Cup Series team owner since 1984 and just saw driver Kyle Larson win Hendrick Motorsports' 15th Cup Series championship at Phoenix Raceway on Nov. 2.

Penske has owned a race team since the late 1960s, first fielding IndyCar entries in 1969 before bringing his IndyCar driver, Mark Donohue, to NASCAR for the first time in 1972. Team Penske has won five Cup Series championships, including three in a row from 2022-24.

Both Hendrick and Penske's organizations signed the 2025 charter agreement that NASCAR presented to teams that ultimately became the catalyst for the lawsuit.

The trial in the case between 23XI/FRM and NASCAR is set for Monday, Dec. 1.

Samuel Stubbs

Hailing from the same neck of the woods as NASCAR Hall of Famer Mark Martin, Samuel has been covering NASCAR for Yardbarker since February 2024. He has been a member of the National Motorsports Press Association (NMPA) since October of 2024. When he’s not writing about racing, Samuel covers Arkansas Razorback basketball for Yardbarker

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