The NASCAR–23XI Racing/FRM legal battle has officially hit the one-year mark, with the antitrust lawsuit dating back to October 2, 2024. The legal standoff between the parties reached a deadlock, with the teams losing their charter status and being forced to enter the tournament as open entries.
In a recent move, the sanctioning body has formally petitioned the court for a judicial settlement conference, signaling increased urgency to resolve the high-stakes NASCAR antitrust lawsuit before it reaches the final trial in December.
Is NASCAR Urging Settlement Talks in 23XI vs. FRM Lawsuit?
With just two months to go before the final trial, NASCAR made a major move, filing a motion with the U.S. District Court to order a settlement conference between itself and 23XI and Front Row Motorsports in the ongoing lawsuit.
Set to go to trial on December 1, the antitrust case between NASCAR and 23XI /FRM has reached a stalemate. The sanctioning body acknowledged in its motion that prior attempts at resolution, including court-ordered mediation, have failed.
Renowned racing reporter Jordan Bianchi shared the news on his social media, listing excerpts from NASCAR‘s filing and key notes.
In a new filing pertaining to the 23XI/Front Row case, NASCAR asks the court to order a judicial settlement conference and “order the parties to participate, and appoint the magistrate judge assigned to this case or another judicial officer to preside over a conference to be…
— Jordan Bianchi (@Jordan_Bianchi) October 7, 2025
According to SBJ, the motion stated, “The parties have indicated a willingness to resolve this case and have attempted to do so through mediation and settlement conferences. Other Charter holders have now indicated that their desire is that this litigation be resolved.”
On August 5, the two sides met for an in-person mediation, but no agreement was reached. Jeffrey A. Mishkin, a seasoned sports arbitrator and former NBA Executive Vice President and Chief Legal Officer, led the session.
In its filing, the sanctioning body referenced 23XI co-owner Michael Jordan’s statement to the press outside the U.S. District Court in Uptown Charlotte, after the August 2025 hearing: “We’ve always been open to settlement. Always have been. We’ve never taken that off the table.”
This time, NASCAR asked the court to assign a judicial officer (potentially Judge Kenneth Bell, who is currently overseeing the case) or another official to preside over the settlement conference. The teams, however, objected to the proposal.
The teams’ filing read (RACER.com): “Mr. Mishkin has already been fully engaged in the mediation process and is up to speed on both the case and the positions of the parties, having not only conducted a full day in-person mediation with the parties, but also having had multiple calls with counsel.”
“It therefore will be most efficient and have the greatest potential for success to continue with him in further mediation sessions rather than restart the process with a new mediator as the trial date swiftly approaches.”
The parties are set to return to court on October 21 for a hearing on the teams’ summary judgment motion filed last month. However, the organization has suggested using that hearing as an opportunity to hold the proposed settlement conference, potentially paving the way for a resolution before the final trial.