NASCAR and 23XI Racing lawsuit takes new twist as new suit filed

NASCAR have amended and refiled their countersuit against 23XI Racing and Front Row Motorsports as their legal battle rumbles on.

The sport had requested permission to amend their suit against the two teams and Curtis Polk, which they were granted on Thursday morning before wasting no time at all in refiling it by the end of the day.

It's unclear what NASCAR have added to the suit as much of it remains redacted, including whatever new details Judge Kenneth D. Bell is being asked to consider.

NASCAR had filed to amend its countersuit in late April, claiming that they now have over 200,000 pages worth of emails, texts, and memoranda that prove their case, which were only handed to them by the teams after their deadline to countersue.

23XI attorney: NASCAR amending lawsuit shows weakness

Jeffrey Kessler, the attorney representing 23XI and FRM, told GPFans when the motion to amend was filed: "NASCAR’s response to our motion to dismiss and their need to amend their counterclaim further demonstrates the weaknesses in their arguments, which are an attempt by NASCAR to distract and shift attention away from its own unlawful, monopolistic actions.

"As we have said before, our original lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams, who love the sport. These filings change nothing, and we look forward to presenting our case at trial."

This week has seen other, smaller developments in the case, including 23XI and FRM dropping their attempt to subpoena documents from Formula 1 owners Liberty Media.

A filing this week read: "Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Movants 2311 Racing LLC d/b/a 23XI Racing and Front Row Motorsports, Inc. hereby voluntarily dismiss this action against Respondent Liberty Media Corporation with all parties to pay their own attorneys’ fees and costs incurred in connection with this action."

It's not clear whether the teams have reached an agreement out of court with Liberty or simply dropped the case, but their similar legal enquiries against IndyCar, the NFL, NHL and NBA are all still active.

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