Penske and Hendrick Push Back Against Teams’ Latest Legal Move

DAYTONA BEACH, FLORIDA - FEBRUARY 13: Kyle Larson, driver of the #5 HendrickCars.com Chevrolet and Ryan Blaney, driver of the #12 Menards/Peak Ford race during the NASCAR Cup Series Duel 2 at Daytona International Speedway on February 13, 2025 in Daytona Beach, Florida. (Photo by Sean Gardner/Getty Images)
Photo by Sean Gardner/Getty Images

What’s Happening?

Following a request from 23XI Racing and Front Row Motorsports to depose them as part of their ongoing lawsuit with NASCAR, team owners Rick Hendrick and Roger Penske are pushing back at the now-granted motion.

This saga began on Wednesday in the waning days of the discovery portion of the antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR last fall.

The teams requested that Hendrick and Penske provide sworn testimony prior to the trial as part of the discovery process. As per this filing, the two owners had previously been designated as witnesses for the December trial, but not for the ongoing discovery period.

Late that evening, Judge Kenneth D. Bell granted the teams’ request, allowing them to proceed. But now, a new filing from the two legendary on-track opponents pushes back at this ruling, saying they are both:

“Quickly and without much warning, in the unenviable position of being forced to give expansive and unnecessary deposition testimony as a result of wrangling between the parties to a lawsuit that should have settled long before now.”

The filing also claims that the two declined to give general trial testimony. However, they have agreed to “give limited testimony regarding non-confidential matters at the trial of this case,” thanks in part to what is referred to as a “decades-long relationship with Jim France.”

Picking Sides

However, this filing from the team owners makes one thing very clear: Hendrick and Penske, who have won 20 NASCAR Cup Series championships (including the past six titles), refuse to take a side in the lawsuit.

“Neither man wants to play any role in this lawsuit whatsoever and have made clear that they will not “take sides” in this case. However, in view of their decades-long relationship with Mr. France, they agreed to provide the requested limited scope of testimony if required by a duly served subpoena.”

Now to the point of picking sides, some may recall that on October 3, a filing from NASCAR included a group of statements from owners, including Hendrick and Penske; however, a review of these letters did not favor NASCAR within the context of this lawsuit.

Nonetheless, suppose the teams get to speak with the owners. In that case, they will undoubtedly be a great source of information regarding the history of NASCAR, with 49 combined seasons competing in the top division of the sport.

Although these two, like other owners and industry members, believe the lawsuit should already be settled, the two sides have made little headway in doing so.

As of presstime, the teams and NASCAR are set to battle it out in court on December 1. We have extensively covered all aspects of this lawsuit via the timeline linked below.

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AUSTIN, TEXAS - MARCH 01: Tyler Reddick, driver of the #45 Chumba Casino Toyota, leads the field on a pace lap prior to the NASCAR Cup Series DuraMax Grand Prix Powered by RelaDyne at Circuit of The Americas on March 01, 2026 in Austin, Texas.

Cup: Mid-Race Report, Trackhouse Reigns Supreme at COTA Early

What’s Happening?

Two stages are now complete at Circuit of the Americas for the NASCAR Cup Series. In the first stage, the cream rose to the top in Austin, Texas as the entire top 5 finishers were all former winners in the Cup Series on road courses. Ross Chastain earned top honors in the opening stage with his Trackhouse teammate, Shane van Gisbergen, right behind him. The second stage crown went to Ty Gibbs. Here’s things to note as we gear up for the final stage through the finish.

  • Points earners in the opening stage include Ross Chastain (10), Shane van Gisbergen (9), Michael McDowell (8), Chris Buescher (7), A. J. Allmendinger (6), Ty Gibbs (5), Alex Bowman (4), Chase Elliott (3), Carson Hocevar (2), and Denny Hamlin (1). Chastain led the final four laps of the stage while Ryan Blaney, who opted to short pit along with Christopher Bell, led the most laps of the stage at 10.
  • Shane van Gisbergen was uncharacteristically mid-pack during yesterday’s qualifying session. Due to a Hail Mary of a lap in the closing moments of the session, he qualified his No. 97 Chevy in the 13th position. The team made adjustments to the car overnight and he methodically started to work his way through the field, rising all the way to second place.
  • The 20-lap opening stage was a clean affair that went green all the way through. No major on-track incidents occurred. Other drivers who led laps early include Tyler Reddick, Case Briscoe, and Shane van Gisbergen.
  • To start the second stage, Tyler Reddick was back out front. He led a handful of laps before turning the lead over to Ryan Blaney, who led a bulk of the stage. The leaders opted to short pit, making a play for the win of the race. This left Ty Gibbs out front to take the Stage 2 win. This earned him 10 points. Other points earners in the stage include A. J. Allmendinger (9), Daniel Suarez (8), Todd Gilliland (7), Tyler Reddick (6), Bubba Wallace (5), Ryan Blaney (4), Cole Custer (3), William Byron (2), and Shane van Gisbergen (1).
  • The second stage, like the first was relatively clean. There were a couple of drivers who went for solo spins. They include Noah Gragson and Josh Berry. Otherwise, it was a clean first half of the race.

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AUSTIN, TEXAS - FEBRUARY 28: Tyler Reddick, driver of the #45 Chumba Casino Toyota, drives during qualifying for the NASCAR Cup Series DuraMax Grand Prix Powered by RelaDyne at Circuit of The Americas on February 28, 2026 in Austin, Texas.

What to Watch Out for in the NASCAR Cup Series Race at COTA

What’s Happening?

For the third round of the 2026 NASCAR Cup Series season, the greatest drivers in the world head down to the Lone Star state of Austin, Texas, to take on the renowned road course of Circuit of the Americas (COTA). 23XI Racing and Tyler Reddick are riding a wave of momentum heading into the third race of the season. No team has ever gone three in a row to start the year. Can they get it done? Well, a certain driver named Shane van Gisbergen might have something to say about that. Here’s what you need to keep an eye on in today’s race at Circuit of the Americas.

  • 23XI is having a strong start to the year. All four of their cars were in contention at some point in the season-opening Daytona 500, with the No. 45 of Tyler Reddick taking the win. They followed that up at Atlanta with more strong runs and Reddick going two in a row. Today, Team No. 45 tries to do what has never been done before–win the first three races to start the season. They got a great chance to do it. Tyler Reddick starts today’s race from the Busch Light Pole.
  • When it comes to road courses in the NASCAR Cup Series, everyone in the room turns to look at Shane van Gisbergen. He won 5 of the 6 last year and had a modest Playoff run because of it. Win and you’re in is now gone but SVG will be looking to collect trophies nonetheless. He has some work to do, though. SVG is rolling off 13th at COTA today.
  • Speaking of road course specialists, there are a number in the field today looking to dethrone SVG. One of them is his teammate, Connor Zilisch. SVG got the best of him in yesterday’s O’Reilly Series race. Can he bounce back? Other road course ringers looking to take down SVG are Michael McDowell, Daniel Suarez, and A. J. Allmendinger.
  • Kyle Busch nearly won this race last year. He went winless the last two seasons. Is today the day that he finally snaps that extremely long winless streak?
  • Coverage for today’s race in Austin, Texas begins at 3:00 PM EST on FOX. The stage breakdown is 20-45-95.

Startin Lineup

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Tyler Reddick Further Extends Track Record With This Feat at COTA

What’s Happening?

Tyler Reddick won the pole on Saturday’s qualifying session at Circuit of the Americas, his 3rd at the track in just the 6th race there, extending his record of most poles at the road course, as no one else has won more than one, in a pretty straightforward session, in which there were no major incidents, crashes, or huge surprises.

Practice Results

  • Fastest Lap: Michael McDowell [99.023s]
  • Best Overall Average: Ryan Blaney [100.156s]
  • Best 5-Lap Average: Ryan Blaney [99.456s]
  • Best 10-Lap Average: Ryan Blaney [99.926s]
  • Best 15-Lap Average: N/A
  • Best 20-Lap Average: N/A
  • Best 25-Lap Average: N/A
  • Best 30-Lap Average: N/A

Starting Lineup

Note
  • Tire wear looked like a much bigger factor compared to previous years, and most specialists are attributing that to the horsepower increase

Ones to Watch

  • Shane van Gisbergen: Mr. Road Course himself, SVG is looking to tie Jeff Gordon’s record of 6 consecutive road-course wins. His qualifying session was not what most thought it would be, but there’s no doubt he will be a threat for the race win
  • Tyler Reddick: Reddick is starting on pole, his 3rd at the track in just 6 races there. Besides, he has the best average finish at the track, with an incredible 4.6. Reddick is also known for being an excellent road racer, and on top of that, he is fresh off 2 consecutive wins at Daytona and Atlanta, two very different track types compared to COTA, but with his pole, he’s proved he can contend too.
  • Christopher Bell: You can’t count out the defending winner of a race, and Christopher Bell is just that. His numbers on road courses may not be as convincing as the others’ in this list, but with Toyota’s program improving, and Bell’s most recent road course result being a 3rd place finish, and his starting position inside the top 10, it looks promising.
  • Ross Chastain: Chastain starts 2nd, but if you watched qualifying, you know his lap was likely pole-worthy if not for a single mistake. Still, he qualified 2nd, and his 5.6 average finish at the track proves he is a contender in nearly every race.
  • Chase Elliott: The dominant name on road courses in the Gen 6 era, Elliott has yet to win one in the Gen 7. Last year, Elliott arguably had the fastest car, but an incident with Chastain forced him to climb the field, and he still finished inside the top 5. Without incidents, it’s very likely he’ll be in contention for the win.
Honorable Mentions:
  • Ryan Blaney, William Byron, Michael McDowell, Connor Zilisch, Chris Buescher

Pit Stall Selections

Who is your pick to win the Cup race? Let us know what you think on Discord or X. Remember to follow us on InstagramFacebook, and YouTube for more updates.