With it becoming more and more likely that the 23XI Racing and Front Row Motorsports v NASCAR antitrust lawsuit and countersuit will proceed to a trial by jury scheduled to begin on December 1, the process for what that will look like is starting to be agreed upon.
For one, both parties agreed to three preliminary rules on Monday and they are as follows as directly pulled from a joint filing.
- The Parties will not make any ad hominem personal attacks or otherwise denigrate counsel at trial, including specifically through attacks on counsel’s role in the litigation
- The Parties will not refer to or discuss prior cases where counsel for the Parties served in opposition to one another, including but not limited to, N. Am. Soccer League LLC v. United States Soccer Fed’n, Inc., 1:17-cv-05495 (E.D.N.Y.), Relevent Sports, LLC v. United States Soccer Federation Inc., No. 1:19-cv-08359 (S.D.N.Y), and Shields et al v. Fédération Internationale de Natation, Case No. 3:18-cv-07393-JSC (N.D. Cal.)
- The Parties will not refer to the allegations in the second sentence of Paragraph 65 of Plaintiffs’ Amended Complaint regarding former NASCAR executive Brian France or the alleged circumstances surrounding Brian France’s departure from NASCAR.
In layman’s terms, NASCAR and the two racing organizations have agreed to not make personal attacks on each other, to not reference the other sports antitrust cases that lead attorneys Christopher Yates and Jeffrey Kessler have argued and to not reference the circumstances that led to former NASCAR CEO Brian France’s departure.
France left NASCAR in August 2018 after he was arrested in Sag Harbor, New York on DUI charges possession of oxycodone. He pleaded guilty to a one count misdemeanor DUI on June 7, 2019. He was replaced as CEO by Jim France, his uncle, who is a defendant and counter-plaintiff in this trial.
NASCAR has also filed its instructions for the jury and verdict form propoals for those sitting on the bench come December. 23XI and Front Row will file their own and the judge will ultimately decide what the final document looks like.
Those proposal forms can be downloaded and viewed below.
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