48 hours! That’s how long the scheduled meeting for settling lasted. With both parties unyielding, the October 21 meeting spilled over to the next day, but it ended without a truce. This still keeps 23XI Racing/Front Row Motorsports and NASCAR very much in the dispute. Coupled with the summary judgment hearing on October 23, it is clear that the legal battle has been anything but quiet.
With Denny Hamlin not holding back on the behind-the-scenes discussions, he said that “it was OK the first day, not great the second day.” It was definitely a letdown for the co-owner of 23XI Racing. However, the lawsuit just got more interesting and with a recent ruling, the cards may be in favor of the two teams.
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Judge Bell sides with 23XI Racing and FRM amid NASCAR’s counterclaim
In a series of twists, a federal ruling has set aside NASCAR’s counterclaim in the ongoing antitrust dispute brought forward by 23XI Racing and FRM. US District Judge Kenneth Bell determined that NASCAR’s allegation of improper collusion, centered around 23XI co-owner Curtis Polk’s negotiations for the sport’s charter system, lacked sufficient grounds to proceed.
Polk, who has long-standing business ties with fellow 23XI Racing co-owner Michael Jordan, served as one of the four representatives involved in more than two years of charter discussions with NASCAR. The sanctioning body maintained that the 2023 boycott of the team owners’ council meeting disrupted its media rights negotiations and that unified bargaining among the 15 chartered organizations produced advantages that would not have emerged under separate talks.
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Judge Bell found that the boycott was simply a negotiating tactic that did not significantly affect NASCAR’s media talks, especially since the series quickly returned to individual discussions with teams. He also determined that the teams working together during charter negotiations did not amount to an illegal restraint of trade.
23XI Racing and FRM‘s attorney, Jeffery Kessler, responded to Judge Bell’s move, saying in a statement, “We are thankful for Judge Bell’s thoughtful consideration of the facts and the law, and his decision to grant summary judgment in my clients’ favor against the NASCAR counterclaim. Today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport. Their determination remains strong as we continue our efforts for a resolution that benefits everyone—teams, drivers, employees, partners, and fans.”
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Individual meetings still shaped the final agreement, and since all teams were set to receive the same charter terms, joint involvement made sense. Bell’s ruling emphasized that individual negotiations remained available and were used throughout the process, leading to the 2025 charter deal ultimately signed by 13 teams.
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The case stems from the antitrust lawsuit filed by Denny Hamlin and Michael Jordan’s 23XI Racing and FRM last year on October 2. Their suit alleged that NASCAR has “ unlawfully maintained its monopoly position” over top-level stock car racing in the US, violating the Sherman Antitrust Act. NASCAR countered on March 5 of this year, accusing the teams of attempting to “threaten, coerce, and extort NASCAR” into more favorable business terms, in a letter updating its counterclaim on May 8.
But today, as both teams fight for the court to favor them, and only Denny Hamlin reveals a bit of the behind-the-scenes settlement talks, NASCAR has other plans.
NASCAR seeks a resolution with the teams ahead of championship weekend
On Tuesday, NASCAR expressed its intention to reach a quick resolution in its ongoing legal dispute with 23XI Racing and Front Row Motorsports. Their statement read, “Our priority remains resolving this matter quickly so all parties can focus on Championship weekend and continuing to grow the sport.”
These comments followed Judge Bell’s dismissal of NASCAR’s counterclaim against the two teams earlier in the day. In response, NASCAR acknowledged the ruling but noted it disagreed with the court’s legal rationale. Another statement read, “We respect the Court’s decision, though we respectfully disagree with its legal reasoning. Our priority remains resolving this matter quickly so all parties can focus on Championship weekend and continuing to grow the sport. Should a resolution not be reached, we intend to appeal the decision at the appropriate time.”
Both sides presented oral arguments on October 23 as the court considered summary judgment. Just days earlier, on October 21, the parties had taken part in a two-day settlement conference, but talks concluded without a deal. Two other major issues remain undecided: NASCAR’s requests for a ruling in its favor and the teams’ push to define the market as premier stock car racing for the antitrust case.
With mediation failing to settle, the case continues toward a December 1 trial date in North Carolina. 23XI and FRM are still the only teams refusing to extend their current charters, arguing that losing guaranteed revenue and race access would threaten their ability to survive.
Their legal team says this latest ruling supports the need for a more balanced system for everyone involved in the sport. But for now, as the lawsuit has taken a turn, a lot of uncertainty remains. And with the 2025 NASCAR season coming to an end, all eyes and ears will be on the lawsuit that continues to grab eyeballs.