Five Things We Want to Learn From the 23XI & FRM Lawsuit

TALLADEGA, AL - APRIL 27: Jim France, NASCAR vice chairman, speaks to the media during a press conference announcing NASCAR's acquision of ARCA prior to practice for the NASCAR Xfinity Sparks Energy 300 at Talladega Superspeedway on April 27, 2018 in Talladega, Alabama. (Photo by Jared C. Tilton/Getty Images)

What’s Happening?

23XI and Front Row Motorsports sued NASCAR on Oct. 2. While this lawsuit will be a long haul, that period will also reveal new and unknown information. So, as the lawsuit rolls forward, what are five things we want to learn about NASCAR?

  • We have already learned a lot from the initial filing from 23XI/FRM, countless interviews with the plaintiffs, and letters between NASCAR and the plaintiffs from the injunction filed on Oct. 9.
  • However, as lawsuits develop and discovery continues, crucial information could become available to the public. NASCAR is a family-owned business, meaning their private information is, well, private.
  • This lawsuit has the chance to release new information, but information that fans have longed for.

1. Why is NASCAR so Focused on IP Sharing?

A major topic of the 2025 NASCAR Charter Agreement and repeatedly mentioned in the 23XI/FRM lawsuit is NASCAR’s wanting intellectual property rights from teams. As noted on page 29 of the lawsuit:

“The take-it-or-leave-it offer from NASCAR included numerous one-sided, monopolistic economic terms that were far less than the teams would receive in a competitive market. It did not provide a fair split of revenues so that the teams would have a chance to earn a reasonable return on their investment. It seized control over team intellectual property rights, to be used for NASCAR’s benefit.”

What intellectual property means in this context is not clear. However, it could include the right to driver likeness and things like paint schemes and number fonts. Some have theorized that NASCAR wants to use these in marketing materials and products.

While this seems reasonable, 23XI and FRM are very clearly upset by this. So, is there more to this, or are the plaintiffs just playing their cards right now?

2. What are NASCAR’s Attendance Figures?

For some time now, fans have wondered about NASCAR’s attendance figures. Some wonder out of curiosity, while others feel it could tell about the state of the sport.

The fears about attendance come from the track’s trimming down seating and covering up sections entirely. However, this year, many have wanted accurate attendance figures as it looks like several races have seen a boost in attendance in 2024.

While we occasionally get rough and vague estimates, NASCAR’s attendance is relatively unknown. NASCAR won’t release attendance figures because the tracks and NASCAR are privately owned, and as Bob Pockrass posted in the past, the announced numbers weren’t entirely accurate.

Attendance could be released at some point during litigation, as NASCAR’s track ownership is a key part of the lawsuit. However, there is a chance that NASCAR does not even have accurate numbers.

3. What Does a Charter Agreement Look Like?

The 2025 NASCAR Charter Agreement sparked this lawsuit. After nearly two years of back-and-forth negotiations between NASCAR and the teams, when signing came, 23XI and FRM held out.

Charter Agreements are the constitution of NASCAR’s charter system. That system allows one chartered entry into every NASCAR Cup Series points race and revenue sharing with NASCAR.

This agreement is relatively private, and there are still some unknowns about the 2025 Agreement. The initial lawsuit taught us little about it. However, if a copy of the 2025 lawsuit were to become public, it would clear up numerous questions about the charter system as a whole, including the detailed finances of revenue sharing, what the teams can do, and what NASCAR can do.

4. What is NASCAR’s Revenue?

This is a bold one, but it could help or hurt the court of public opinion for NASCAR. Many estimates have placed the France family’s net worth in the billions. However, what NASCAR’s revenue would tell us is how much NASCAR may be withholding from revenue sharing with teams.

Revenue sharing was a major plot point in the 2025 Charter negotiations. Teams, of course, want more money, and NASCAR, of course, does not want to give the teams more money.

This revenue is valuable as it helps teams make ends meet. Most fans figured teams were in a good spot until Hendrick Motorsports’ Jeff Gordon told the Dale Jr Download that HMS has not turned a profit “in 10 years.”

Furthermore, the lawsuit states that fielding one chartered car costs “$18 million per year” (p. 6). While teams allegedly got a revenue increase, it would be interesting to see how much of the “NASCAR pie” that increase is.

5. How Does NASCAR Feel About the State of The Sport?

This is a simple yet pointed question. What does NASCAR think of itself right now? Away from the cleaned-up talk, corporate language, and positive moments, what does NASCAR think about its product right now?

But how would this be revealed in a lawsuit? Well, we have already seen letters, now public, between 23XI and NASCAR. During this lawsuit, more internal documents from NASCAR could be revealed, with tidbits of information and opinions on the sport.

While it is a bit of a stretch, maybe fans could get some clarity on how NASCAR’s founding family thinks the ever-changing sport is doing. The past decade has felt to many fans like a whirlwind of rumors about how bad or good NASCAR is doing. So, perhaps this could instill some confidence in its fans.

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O’Reilly: Corey Day Triggers Big Wreck Early at EchoPark Speedway

What’s Happening?

After a mild start to the afternoon with a rather tame Truck Series race, it didn’t take long for things to get wild in Atlanta. Racing for a top 10 spot, Corey Day tried to squeeze his nose into an opening where it wouldn’t fit. As a result, a massive wreck broke out along the frontstretch. Here’s what went down.

  • Corey Day looked unstable from the jump as he was racing in the middle of the pack. He was able to work his way up to just outside the top 10. Around him, Ryan Sieg got a huge run. Now realizing that the No. 39 was beside him, Day turned him straight into the outside SAFER Barrier.
  • This caused a huge multi-car incident which collected the likes of Ryan Sieg’s brother, Kyle, Harrison Burton, and Blaine Perkins, who was coming off a top 10 run at Daytona.
  • Understandably, Ryan Sieg was very upset over the radio. He did suffer a brutally hard impact. In his radio communication, he heavily criticized Corey Day, stating that every week he’s in the middle of some sort of on-track incident.
  • Sieg is also the owner of his and his brother’s cars. This will be a tough one to swallow at the office next week.

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What to Keep an Eye Out For in the O’Reilly Auto Parts Series race at EchoPark Speedway

What’s Happening?

We’re halfway through this Double Header Fast Saturday at EchoPark Speedway (formerly Atlanta Motor Speedway). The Truck race was rather tame. Now, it’s time for the stars of tomorrow! The O’Reilly Auto Parts Series takes to the track for their second race of the season at 5 PM EST on the CW. Here’s what you need to know going in.

  • Shockingly, neither of the RCR cars is starting today’s race in the top 5. The best of them, defending series champion Jesse Love, is rolling off in the 10th position. Five rows behind him is his teammate and dominator from last week in Daytona, Austin Hill. They were the overwhelming favorites to win today, so it will be interesting to see if they can get their RCR Chevys dialed in today.
  • Their misfortune is Sam Mayer’s gain. After a controversial incident last week with Natalie Decker, Sam put his No. 41 Chevy on the front row. Starting not too far behind in 5th is his teammate Sheldon Creed in the No. 00. It’ll be interesting to see how those two Chevys work together in the draft.
  • The JGR Duo of Taylor Gray and Williams Sawalich also showed some speed in yesterday’s qualifying session. They roll off 3rd and 5th, respectively. Meanwhile, their teammates Gio Ruggiero (doing double duty in the No. 19) and Brandon Jones roll off 7th and 15th. How will they fare in the draft? Will they be able to handle?
  • From the JRM stable, Carson Kvapil starts the best. He managed to put his No. 1 Bass Pro Shops Chevy on the front row, starting 2nd. Rajah Caruth is next, rolling off 6th. Sammy Smith and Justin Allgaier roll off 8th and 11th, respectively.
  • Cody Ware is the lone Cup driver in the field today. He’s driving the No. 30 car and will roll off in the 36th position.
  • The weather has been a story all day. However, the radar looks good to get all the laps in, likely under the lights tonight in Hotlanta.

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HAMPTON, GEORGIA - FEBRUARY 21: Kyle Busch, driver of the #7 HendrickCars.com Chevrolet, takes the checkered flag to win the NASCAR Craftsman Truck Series Fr8 Racing 208 at Echo Park Speedway on February 21, 2026 in Hampton, Georgia. (Photo by Jonathan Bachman/Getty Images)

Trucks: Kyle Busch Wins Tame, Time-Shortened Race at EchoPark Speedway

What’s Happening?

The NASCAR Craftsman Truck Series race at EchoPark Speedway (formerly Atlanta Motor Speedway) is officially in the books! For the third race in a row, it’s Kyle “Rowdy” Busch hoisting the checkered flag in victory lane. Here’s everything that went down.

  • In the first stage of the race, it was the ThorSport duo of Ben Rhodes and Jake Garcia who dominated. However, despite that tandem running strong at the front of the pack, Kyle Busch in his No. 7 Spire HendrickCars.com Chevy was able to hold his own by himself on the bottom, often challenging for the race lead. However, it was the 2025 series champ Corey Heim who claimed the green and white checkered flag by the end of the stage. He was driving the No. 1 TriCon Garage entry, methodically working his way through the pack.
  • Stage 2 was a little more contested than Stage 1. After grueling months in rehab after shattering his pelvis and breaking his back, Stewart Friesen is back in the No. 52 Toyota. He flexed some muscle today after coming up short to Kyle Busch one year ago. He claimed Stage 2, earning valuable stage points.
  • Christian Eckes is back in the NASCAR Craftsman Truck Series this year. Unfortunately for him, his 2025 woes in the O’Reilly Series carried through to 2026. He exited the race on Lap 4 due to a broken driveshaft.
  • As far as on-track incidents go, there weren’t too many. Adam Andretti went for a single-truck spin in the early laps of a race. It didn’t even trigger a caution. The big crash of the day featured Dawson Sutton, who crashed hard in the outside wall in the dogleg. He was okay. Cole Butcher and Kris Wright were also involved.
  • In the end, though, it was Kyle Busch who stood tall in EchoPark victory lane, working in tandem with his Spire teammate, Carson Hocevar. This marks Busch’s 68 career Truck Series victory, first all-time. It is also his first Atlanta win in a row in the series.
  • Technically, the race ended around 10 laps shy of the scheduled distance. This was due to the amount of time allotted to run the race. NASCAR opted to throw the white flag with 11 laps to go.

Results

Points Standing (2 of 25)

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