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23XI and FRM’s Lawyer Calls NASCAR’s Countersuit a “Meritless Distraction”

AUSTIN, TEXAS - MARCH 02: Bubba Wallace, driver of the #23 Mobil 1 Toyota, and Todd Gilliland, driver of the #34 Love's Travel Stops Ford, race during the NASCAR Cup Series EchoPark Automotive Grand Prix at Circuit of The Americas on March 02, 2025 in Austin, Texas. (Photo by James Gilbert/Getty Images)

Kauy Ostlien

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What’s Happening?

23XI Racing and Front Row Motorsports’ attorney Jeffery Kessler has released a statement condemning NASCAR’s countersuit filed Wednesday morning. Kessler claims the sport’s countersuit is meritless and is an attempt to “shift attention away from its own unlawful, monopolistic actions.”

  • In his statement, Kessler expresses that the sport agreed to the negotiations cited in their countersuit but shifted to individual negotiations in an effort to allegedly “impose their charter terms.” Kessler also reasserted his faith in the ongoing antitrust lawsuit.
  • NASCAR filed their countersuit against the teams Wednesday, citing 23XI co-owner Curtis Polk’s leadership as part of the Race Team Alliance during Charter negotiations. NASCAR alleges Polk, named as a defendant in the new suit, instructed a “plot to use collusive behavior to extract more favorable commercial terms from NASCAR in the Charter negotiations.”
  • NASCAR is asking for an injunction to strike the Charter provision guaranteeing Chartered teams entry in every NASCAR Cup Series points race “if Counterclaim Defendants persist in seeking to have the Charter Agreements declared as unlawful under the antitrust laws.”
  • 23XI and FRM were the only two teams to hold out on signing NASCAR’s final Charter offer in early September; on Oct. 2, the two teams filed their antitrust lawsuit against NASCAR. For the latest on the lawsuit, the countersuit, and the story so far, make sure to check out our timeline linked below.

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