Rick Hendrick Roger Penske Lawsuit 2026: Why Both Owners Were Called to Testify
Quick Answer
- What is it? An antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, which involved Hendrick and Penske as defense witnesses.
- How much was the settlement? No financial terms were disclosed. The deal granted permanent charters to all teams.
- Key deadline: The case was settled in December 2025. No active litigation remains.
If you searched for a “Rick Hendrick Roger Penske lawsuit,” here’s the direct answer: neither owner sued the other. They were both pulled into the same case, the antitrust fight between 23XI Racing, Front Row Motorsports, and NASCAR.
The lawsuit started in October 2024. Michael Jordan’s 23XI Racing and Bob Jenkins’ Front Row Motorsports claimed NASCAR’s charter system and revenue-sharing model were anticompetitive . NASCAR denied it. The case went to trial in December 2025.
Hendrick and Penske got dragged in because NASCAR asked them to testify. Both men had signed declarations supporting NASCAR’s position. That made them fair game for depositions. They fought the order. They lost. Then the case settled before they ever took the stand .
This article breaks down how the two most powerful owners in NASCAR got caught in the middle, what the judge said when they tried to avoid testifying, and why the settlement made the whole fight moot.
The Facts
| Item | Detail |
|---|---|
| Case Name | 2311 Racing LLC v. National Association for Stock Car Auto Racing, LLC |
| Court | U.S. District Court for the Western District of North Carolina |
| Case Number | 3:24-cv-00886-KDB-SCR |
| Filed | October 2024 |
| Status | Settled December 2025 |
| Hendrick/Penske Role | Defense witnesses for NASCAR |
| Settlement Terms | Permanent “evergreen” charters for all teams |
Why were Rick Hendrick and Roger Penske involved in the lawsuit?
Rick Hendrick and Roger Penske were involved because NASCAR listed them as trial witnesses, and the plaintiffs wanted to depose them before trial. Neither owner was a party to the lawsuit. They were witnesses.
The lawsuit was filed by 23XI Racing and Front Row Motorsports. The defendants were NASCAR and related entities . Hendrick and Penske own separate teams that signed NASCAR’s 2025 charter agreement. They weren’t suing anyone.
But in October 2025, NASCAR submitted declarations from both owners supporting its motion for summary judgment . Hendrick and Penske signed statements praising the charter system and explaining why they signed the 2025 deal.
Once those declarations were filed, NASCAR put both men on its witness list. Jim France, NASCAR’s CEO, personally asked them to testify . That request made them fair targets for depositions.
Key Takeaway: Hendrick and Penske were witnesses, not parties. Their own declarations for NASCAR made them targets for pre-trial questioning.
Why did Hendrick and Penske try to avoid testifying?
Hendrick and Penske filed a motion for a protective order to avoid or limit their depositions, arguing they didn’t want to disclose financial information or be involved further. The judge denied it.
The two owners wanted “guardrails” on their testimony. They asked that any questioning be limited to the charter system and the Next Gen race car . They didn’t want to answer questions about their broader business activities.
Judge Kenneth Bell wasn’t sympathetic. His order was blunt:
“No company or individual will be accorded special treatment (which is effectively what movants request here). NASCAR has told Plaintiffs and now the Court that Mr. Hendrick and Mr. Penske will be called as witnesses for NASCAR at trial. Therefore, unless NASCAR irrevocably commits not to call these individuals as trial witnesses, then Plaintiffs have the right to promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation.”
In plain terms: if you agree to testify for NASCAR, you answer questions from the other side. No exceptions for famous owners.
Key Takeaway: The judge rejected special treatment for Hendrick and Penske. If NASCAR called them as witnesses, the plaintiffs got to question them fully.
What did Rick Hendrick and Roger Penske say in their declarations?
Hendrick and Penske submitted signed declarations supporting NASCAR’s charter system, praising its stability, and explaining why they signed the 2025 agreement.
Hendrick wrote that he signed the deal because it was “in the best interests of Hendrick Motorsports to move forward with the 2025 Charter Agreement as opposed to losing the Charter system” . He also said the charter system was vital to his team’s stability and expressed hope the lawsuit would be resolved “in a way that does not put the sport at risk” .
Penske’s declaration focused on the business case for charters. He noted that he took NASCAR’s charter concept to IndyCar in 2024 because of his positive experience with it . He also wrote that the Next Gen car reduced costs through fewer race cars and parts .
Both men signed the 2025 charter agreement after determining NASCAR wouldn’t negotiate further. Their declarations were meant to support NASCAR’s argument that the charter system works and shouldn’t be dismantled.
Key Takeaway: Both owners praised the charter system in sworn statements. Those statements made them witnesses, which triggered the deposition fight.
What happened in the Rick Hendrick Roger Penske deposition order?
Judge Kenneth Bell ordered both owners to sit for full, in-person depositions with no restrictions on the questions they could be asked. The order came on November 10, 2025 .
The ruling was a complete loss for Hendrick and Penske. They had asked for either no deposition or one limited to specific topics. Judge Bell denied both requests .
The plaintiffs, 23XI Racing and Front Row Motorsports, had argued that since Hendrick and Penske agreed to testify at trial, they couldn’t refuse to be deposed beforehand. The judge agreed.
The order said the plaintiffs had the right to “promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation” .
This meant Hendrick and Penske would have to answer questions about their finances, their business dealings, and anything else relevant to the case. They had no protection.
Key Takeaway: The deposition order gave plaintiffs unlimited questioning power. Hendrick and Penske had no way to limit what they’d be asked.
Did Rick Hendrick and Roger Penske ever testify?
No. Neither Rick Hendrick nor Roger Penske ever testified because the case settled before trial. The settlement was reached in December 2025, during what was supposed to be a nine-day trial .
The trial began on December 1, 2025, in Charlotte, North Carolina. It lasted nine days. Then the parties entered mediation and reached an agreement .
Hendrick and Penske had been ordered to give full depositions. It’s not clear from public reporting whether those depositions were completed before the settlement. What is clear is that neither man took the witness stand .
The settlement resolved the entire case. There was no trial verdict. No testimony was heard. The depositions, if they happened, became irrelevant.
Key Takeaway: The settlement saved Hendrick and Penske from testifying. The case ended before they had to take the stand.
What was the NASCAR antitrust lawsuit settlement?
The settlement granted all NASCAR Cup Series teams permanent “evergreen” charters, a major change from the previous system where charters had expiration dates tied to broadcast deals. Financial terms were not disclosed .
The agreement was announced after nine days of trial. It resolved the antitrust claims brought by 23XI Racing and Front Row Motorsports.
The key change: charters become permanent as long as teams meet certain conditions. Previously, charters expired and were tied to NASCAR’s broadcast package. The new “evergreen” model gives teams long-term stability .
NASCAR, 23XI Racing, and Front Row Motorsports issued a joint statement saying the resolution “reflects our shared commitment to maintaining a fair and equitable framework for long-term participation in America’s premier motorsport” .
Rick Hendrick praised the deal: “Millions of loyal NASCAR fans and thousands of hardworking people rely on our industry, and today’s resolution allows all of us to focus on what truly matters – the future of our sport” .
Roger Penske said: “Today’s settlement is tremendous news for the industry. We are stronger together as a sport” .
Key Takeaway: The settlement gave teams permanent charters and ended the lawsuit. Both Hendrick and Penske supported the outcome.
Reality Check
This was never a lawsuit between Rick Hendrick and Roger Penske. It was an antitrust case filed by two NASCAR teams against NASCAR itself. Hendrick and Penske got pulled in because they agreed to support NASCAR’s defense. If a website tells you Hendrick sued Penske, or vice versa, it’s wrong. There’s no such case. The lawsuit is over, settled in December 2025, and both owners praised the outcome.
What happens next in NASCAR after the settlement?
December 2025: Settlement reached. Permanent charters granted.
February 2026: Daytona 500 scheduled for February 15 .
2026 Season: Teams race under the new charter framework.
TBD: Implementation details of “evergreen” charters continue to develop.
TBD: No further litigation is pending from this case.
Frequently Asked Questions
Did Rick Hendrick and Roger Penske sue each other?
No. Neither owner sued the other. They were both witnesses in the same lawsuit, which was filed by 23XI Racing and Front Row Motorsports against NASCAR.
Why were Hendrick and Penske deposed?
NASCAR put them on its witness list. Once they agreed to testify, the plaintiffs had the right to depose them before trial. The judge denied their request to limit or avoid the depositions.
Did Hendrick and Penske ever testify?
No. The case settled before trial. Neither owner took the witness stand.
What was the NASCAR lawsuit about?
23XI Racing and Front Row Motorsports claimed NASCAR’s charter system and revenue-sharing model were anticompetitive. They wanted permanent charters and a fairer deal.
What did the settlement include?
The settlement granted permanent “evergreen” charters to all Cup Series teams. Financial terms were not disclosed.
Are Rick Hendrick and Roger Penske still NASCAR owners?
Yes. Both continue to own their respective teams, Hendrick Motorsports and Team Penske.
Did the judge side with Hendrick and Penske on the deposition?
No. Judge Kenneth Bell denied their motion for a protective order and ordered full, unrestricted depositions.
What happens to the charter system now?
Charters are now permanent, as long as teams meet the conditions in the settlement agreement. This gives teams long-term stability they didn’t have before.
The Rick Hendrick Roger Penske lawsuit was never a case between the two owners. They were witnesses in the NASCAR antitrust trial, pulled in by their own support for NASCAR’s defense. The case settled in December 2025 with permanent charters for all teams. The single most important fact: no lawsuit exists between Hendrick and Penske, and the case that involved them is closed.
