A two-day settlement hearing between 23XI Racing and Front Row Motorsports on one side and NASCAR on the other in Charlotte came to a disappointing conclusion on Thursday, with the sides failing to reach an agreement.
This ongoing courtroom saga began back in October 2024, when 23XI — co-owned by Michael Jordan and Denny Hamlin — and FRM opted against signing the new NASCAR charter agreement, instead filing a lawsuit against the organization for what they deemed to be “monopolistic practices.”
A back-and-forth has since ensued, with this latest development seeing the sides unable to reach an agreement on a potential settlement, despite what Judge Kenneth Bell, an appointee of President Donald Trump, saw as “good-faith” attempts to reach such a point, as per Fox Sports.
It will now be down to Bell to compile a summary judgment for the motions discussed. One such motion relating to the central “monopolistic practices” claim requests that NASCAR be deemed “premier stock-car racing,” with the organization being the overriding power within said market.
Another motion revolves around NASCAR believing the case should basically be dropped, arguing in part that any potential antitrust violations executed on its side no longer fall within the statute of limitations
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Finally, there is NASCAR’s countersuit, which claims that 15 teams, supposedly led by 23XI co-owner Curtis Polk, worked together illegally, engaging in “active threats and coercive behavior,” as per the Courthouse News Service, in order to force the organization to agree to a more favorable charter agreement.
Countering this, 23XI and FRM’s attorney, Jeffrey Kessler, insisted that Polk “did nothing except help the whole sport get the best deal they possibly could.” Kessler also noted that charter agreements remain the same as one another and that all teams involved must be in agreement with regard to any stipulations.
In a statement released following the hearing, Kessler wrote, “My clients’ goal has always been to provide opportunities for growth and stability for every team and they remain steadfast advocates for a fairer, stronger sport,” as per Jeff Gluck.
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“Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are — retaliatory bullies who would rather focus on personal attacks and distract from the facts. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.”
As for NASCAR’s attorney Chris Yates, he said after the hearing, as per Jordan Bianchi, “Appreciate the time Judge Bell gave us today, the past two days. We made our arguments and we’ll await on Judge Bell’s ruling.”
Now the waiting game commences, with Bell aiming to have come to a conclusion within the next two weeks. The next major date to keep an eye on will be the pretrial motions and witness challenge hearing on November 12, before the trial begins on December 1.