Denny Hamlin and Curtis Polk banned from court

The 23XI Racing-Front Row Motorsports v. NASCAR antitrust case officially opened its first day of trial in federal court on Monday, Nov. 1, setting the tone for a tense and unusually public fight over the future of the Cup Series' business model.

Michael Jordan, Denny Hamlin, Curtis Polk and FRM owner Bob Jenkins arrived together shortly after the session opened, accompanied by Senior Counsel Jeffrey L. Kessler and the legal team representing both organizations. Top NASCAR officials were also on hand across the aisle as executives from both camps listened to the court discuss an unresolved procedural battle from last week.

The proceedings began with the central question of who can and cannot remain in the courtroom before testimony begins. The dispute shaped the early pace of the day and led to a decision by Presiding Judge Kenneth Bell, who has overseen the case for nearly a year. The AthleticJeff Gluck wrote in X:

“Judge Bell rules that Denny Hamlin and Curtis Polk will be barred from the courtroom until their testimony. The judge said he “reluctantly” ruled this way because “I really wish you could be here.” But NASCAR invoked a rule about only having one corporate representative per side (which is already Michael Jordan), and the judge said he's wary of provoking a legal technicality about it ('I only want to try this case once').

“They can be in the courtroom for opening statements later today, but then they must leave until their testimony has concluded (date to be confirmed).”

NASCAR had previously done so invoked Federal Rule of Evidence 615which restricts non-testifying witnesses from observing other witnesses, and argued that only one representative of the 23XI company should be allowed to remain throughout. from 23XI Racing already designated Michael Jordan like this representative, NASCAR stated that Hamlin and Polk must be excluded until they appear in the stands.

Judge Bell explained that the risk of an appeal outweighed his preference to keep all parties in court. It was not intended to create any opening for the case to be retried. With that, Hamlin and Polk were granted access for opening statements, but were ordered to leave immediately afterward until they were called to testify later in the trial.

The morning then shifted to the jury trial. Nine jurors were selected, six men and three women, with several potential candidates dismissed over concerns about impartiality. A few openly admitted the difficulty of remaining unbiased due to their admiration for Michael Jordan, while another was excused for his passionate support of Michael Jordan. Hendrick Motorsports.

Only three of the nineteen questioned had even heard of the case before, creating a panel unfamiliar with the details behind the antitrust claims.

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Judge Bell slams both NASCAR and 23XI-FRM for 'boring' opening statements

Judge Kenneth Bell he made another decisive move shortly before opening remarks. Each side had been allotted 75 minutes to outline their case, and both presented visual presentations intended to be used during these observations.

After reviewing them, the judge harshly criticized the submissions for including inadmissible material, saying that neither met the standard required for a clean and fair opening. As a result, he banned all exhibits and visual aids for the afternoon session.

Jeff Gluck summed up the decision on X:

“No-nonsense Judge Bell is furious with both sides for filing opening statements (to be heard today) that are 'full of inadmissible arguments' and now won't allow either side to present any exhibits during them. Bell: 'If we can be less confrontational about it next time, maybe you'll do what you want.'

With that, the trial moved on to its next phase. Opening statements were scheduled to continue after lunch, with testimony expected to stretch over ten days.

Monday marked just the beginning of a case that will continue to unfold in the U.S. District Court for the Western District of North Carolina, where both NASCARMonopoly on whether the teams' coercive control claims will be tested in front of a jury for the first time.