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The antitrust lawsuit filed by Michael Jordan, Denny Hamlin and Curtis Polk’s 23XI Racing and Front Row Motorsports against NASCAR just keeps getting uglier. It’s been a back-and-forth legal affair with both sides getting wins and suffering losses in court. The latest salvo fired by NASCAR, however, once again shows just how hostile each party has become towards one another.
On Friday, Sportico reports, NASCAR demanded the judge overseeing the lawsuit issue an order requiring 23XI Racing and Front Row Motorsports to show cause why sanctions shouldn’t be imposed against them for presenting “manufactured evidence.”
“Defendants … move for the Court to issue an Order to Show Cause why 23XI Racing and Front Row Motorsports, Inc. (collectively ‘Plaintiffs’) and their counsel should not be sanctioned for making false statements in December 2024 declarations and manufacturing evidence that they submitted to the Court in support of Plaintiffs’ Second Motion for a Preliminary Injunction,” NASCAR’s attorneys wrote.
Among the evidence NASCAR presented to the court were messages from Denny Hamlin’s agent Rod Moskowitz, 23XI Racing president Steve Lauletta, driver Bubba Wallace, driver Corey Heim, Front Row Motorsports owner Bob Jenkins, and Front Row Motorsports general manager Jerry Freeze.
NASCAR also accused an attorney for 23XI and Front Row of writing emails that “were false” and were relied upon by a judge when granting” 23XI and Front Row an injunction against the racing organization. NASCAR was then forced “to appeal to the Fourth Circuit” where the injunction was vacated.
Citing federal law and case precedent involving opposing attorneys whose conduct “multiplies the proceedings in bad faith,” NASCAR says [U.S. District Judge Kenneth D. Bell] should order 23XI and Front Row to ‘pay NASCAR’s attorneys’ fees associated with the second motion for preliminary injunction and that appeal.’ NASCAR says the legal team for 23XI and Front Row ‘orchestrated a behind-the-scenes effort to manufacture evidence’ to persuade Bell and ‘absent this evidence,’ Bell would have, like [U.S. District Judge Frank D. Whitney], denied an injunction.
Following the submission of NASCAR’s motion, 23XI Racing and Front Row Motorsports attorney Jeffrey Kessler issued a statement which read, “This is yet another baseless distraction intended to try to divert the Court’s attention from the overwhelming evidence that demonstrates that Jim France and NASCAR have been operating an unlawful monopoly that has hurt not just my clients, but all of stock car racing.”
In July, 23XI co-owner and NASCAR driver Denny Hamlin said, “If you want answers, you want to understand why all this is happening, come Dec. 1, you’ll get the answers that you’re looking for. All will be exposed.”
December 1, barring any delays, is when the lawsuit will officially go to trial.