{"id":195620,"date":"2025-10-07T18:16:09","date_gmt":"2025-10-07T18:16:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/195620\/"},"modified":"2025-10-07T18:16:09","modified_gmt":"2025-10-07T18:16:09","slug":"nascar-23xi-racing-argue-over-who-should-hear-settlement-talks","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/195620\/","title":{"rendered":"NASCAR, 23XI Racing Argue Over Who Should Hear Settlement Talks"},"content":{"rendered":"

\n\tNASCAR<\/a> on Monday motioned U.S. District Judge Kenneth D. Bell to appoint a judge to preside over a settlement conference that, if successful, could avert a trial scheduled for Dec. 1. NASCAR cited Michael Jordan<\/a>\u2019s recent comments that 23XI Racing\u2014which the NBA legend co-owns with Denny Hamlin<\/a> and Curtis Polk\u2014has \u201calways been open to a settlement.\u201d<\/p>\n

\n\tBut later Monday, attorney Jeffrey Kessler, the lead counsel for 23XI Racing and Front Row Motorsports, wrote to Bell complaining that NASCAR\u2019s motion \u201cis another effort to play to the court of public opinion and attempt to color the perception\u201d of 23XI and Front Row. Kessler argued that the parties should continue with Jeffrey Mishkin, a prominent sports attorney<\/a> who was executive vice president and chief legal officer of the NBA and a longtime partner at Skadden Arps, as a mediator.\u00a0Mishkin now works at Phillips ADR Enterprises.<\/p>\n

\n\tNASCAR\u2019s brief\u2014authored by Tricia Wilson Magee and other attorneys from Shumaker, Loop & Kendrick and Latham & Watkins\u2014highlights statements by Bell as well as judges from the U.S. Court of Appeals for the Fourth Circuit (which has appellate jurisdiction) that urge the teams and NASCAR to figure out a solution to their dispute. While the dispute has many features, it is ultimately about the charter relationship between NASCAR and teams. Revisions to that relationship could, at least in theory, produce a settlement.\u00a0<\/p>\n

\n\tAs Magee points out, Bell told the parties on June 17,\u00a0\u201cI will echo what at least two of the Fourth Circuit judges said during oral argument. This seems ripe for discussion between the parties.\u201d\u00a0<\/p>\n

\n\tMagee also contends the timing for a judicial settlement conference is sensible given that pretrial discovery \u201cis closed,\u201d and a jury trial is \u201cfast approaching.\u201d In addition, Magee references how owners of other race teams have provided declarations<\/a> that recommend settling to avert a trial that could place \u201cthe value created by the Charter system at risk.\u201d<\/p>\n

\n\tWhile acknowledging Mishkin\u2019s relevant background\u2014he has litigated complex sports-related antitrust<\/a> disputes and served as an arbitrator or mediator for the NFL, the Court of Arbitration for Sport and FIFA\u2014Magee suggested the parties\u2019 time before Mishkin has run its course. \u201cDespite best efforts,\u201d Magee wrote, \u201cMr. Mishkin was unable to resolve this matter.\u201d<\/p>\n

\n\tThe commentary on Mishkin underscores the limitations of mediation. While an arbitrator issues a binding decision, a mediator issues a recommendation that, by itself, does not compel any action from the parties. The recommendation only obligates actions if the parties choose to adopt it.\u00a0<\/p>\n

\n\tMagee asserts that a judicial settlement conference would be more productive. She maintains a settlement proceeding before a judge would provide an \u201copportunity for the parties and counsel to engage in settlement discussions with a judicial officer experienced in the legal issues and the issues common to a jury trial in the Western District of North Carolina.\u201d<\/p>\n

\n\tKessler\u2019s brief suggests that NASCAR is \u201cnot happy with the diagnosis\u201d offered by Mishkin \u201cand wants to seek a second opinion\u201d by having a judge preside over settlement talks. Kessler\u2014who years ago was on the opposite side of Mishkin in disputes where Kessler represented the NBPA and Mishkin represented the NBA\u2014asks Bell to order the parties to engage in another session with Mishkin. Kessler stresses that Mishkin \u201chas invested a great deal of time learning this case and meeting with the parties.\u201d<\/p>\n

\n\tThe timing to install a judicial officer also presents problems, Kessler argues. \u201cWith a mere eight weeks until trial,\u201d the attorney wrote, \u201cstarting over with a judicial officer who will have to learn the case background and the parties\u2019 history is less likely, not more likely, to lead to resolution, which all interested parties appear to agree is in their collective best interests.\u201d\u00a0<\/p>\n

\n\tWhile it\u2019s telling that the two sides can\u2019t even agree on who should oversee settlement discussions, it\u2019s still possible, if not likely, that the sides reach a deal before a trial starts. A trial is risky for not only the parties but other teams, since a ruling that compels change to NASCAR\u2019s model would, in one way or another, impact those teams.\u00a0<\/p>\n

\n\tA trial would also place Jordan, Hamlin, NASCAR CEO Jim France and other high-profile NASCAR figures on the witness stand to field what could be difficult questions on cross-examination.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"NASCAR on Monday motioned U.S. District Judge Kenneth D. Bell to appoint a judge to preside over a…\n","protected":false},"author":2,"featured_media":195621,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[446],"tags":[4997,49,48,3932,4998,3004,634,82],"class_list":{"0":"post-195620","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-nascar","8":"tag-antitrust","9":"tag-ca","10":"tag-canada","11":"tag-denny-hamlin","12":"tag-federal-courts","13":"tag-michael-jordan","14":"tag-nascar","15":"tag-sports"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/195620","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=195620"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/195620\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/195621"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=195620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=195620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=195620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}