NASCAR Lawsuit: 23XI, FRM group decline to address speculation on Richard Childress & Co. assistance with legal expenses

Richard Childress, Bob Jenkins and Michael Jordan (Background Image via 23XI Racing on X, Inset via Imagn)
Richard Childress, Bob Jenkins and Michael Jordan (Background Image via 23XI Racing on X, Inset via Imagn)

23XI Racing and Front Row Motorsports have recently filed an antitrust lawsuit against NASCAR and its CEO, Jim France. The teams are also seeking a preliminary injunction which, if granted, would allow them to compete as chartered teams next season. The hearing is set for November 4.

Michael Jordan and Denny Hamlin co-owned 23XI, and Bob Jenkins owned FRM, were the only two out of 15 chartered teams that did not sign NASCAR's new charter agreement, which extends from 2025 to 2031. Several team owners who have signed the deal have since expressed concerns about the short deadline and didn't agree with a few terms in the deal.

Richard Childress, the eponymous team owner of Richard Childress Racing, dropped a bombshell statement at Talladega. The NASCAR Hall of Famer suggested that he "didn't have a choice" when the team received the Docusign at 6:37 pm, on September 6 and were asked to sign it by midnight or risk losing their charters.

After the recent rumblings, Sports Business Journal reported that industry insiders were discussing the possibility of Cup team owners assisting 23XI Racing and Front Row Motorsports with their legal expenses, as a show of support in their antitrust lawsuit. 23XI and FRM declined to comment on such developments when approached by SBJ.

"As you know, we will not comment on any speculation or rumor," the 23XI/FRM group said about the rumors.

Aside from Childress' statement, Trackhouse Racing owner Justin Marks and RFK Racing co-owner Brad Keselowski have both remarked that they didn't agree with every aspect of the deal. Hendrick Motorsports owner Rick Hendrick indicated he was "tired" of the prolonged negotiations with NASCAR and hence signed the deal. Another anonymous team owner told Jordan Bianchi that they "didn't have the balls" to follow 23XI and FRM.

The antitrust lawsuit may extend over a prolonged period, however, the injunction will be dealt with in the coming weeks, with a hearing date set for November 4. The two teams have filed a motion for expedited discovery.


What did Richard Childress say about 23XI and FRM lawsuit against NASCAR?

During the Talladega weekend, Fox Sports reporter Bob Pockrass asked Richard Childress to comment on the 23XI Racing and Front Row Motorsports lawsuit against NASCAR. Childress explained that he felt pressured to sign the new charter agreement with just a few hours' notice, and didn't want to risk losing his charters.

"We’ve read [the lawsuit]. I can’t comment a whole lot now because I know the attorneys are handling a lot of that, but I will say that the part about we got our Docusign that evening at 6:37, is when it came in, and we had to sign it by 12 o’clock or we’d lose our charters — I didn’t have a choice because we had to sign. I have over 400 employees, OEMs contracts, contracts with sponsors, and I got to take care of my team," the 79 year-old team owner said.

Childress was also asked if RCR would join or assist 23XI and FRM in the lawsuit but declined to comment on the possibility. However, he hinted that RCR might not be able to join the lawsuit. He also expects all teams to receive an equal deal, if 23XI and FRM manage to win the lawsuit.

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Edited by Luke Koshi