CHARLOTTE, N.C. — A federal judge could decide by Friday whether to grant a preliminary injunction that would allow 23XI Racing and Front Row Motorsports to compete as charter teams next season, even if those organizations don’t have not signed the new charter agreement.
U.S. District Court Judge Frank D. Whitney made the statement Monday after hearing more than an hour of arguments — some heated and charged — from attorneys representing NASCAR as well as 23XI Racing and Front Row Motorsports .
23XI Racing and Front Row Motorsports are seeking a preliminary injunction that grants them rights as a charter team for the duration of the lawsuit without losing their right to an antitrust lawsuit. Otherwise, both teams seek to be able to operate as an open team without losing their right to antitrust litigation.
23XI Racing and Front Row Motorsports filed an antitrust lawsuit Oct. 2 against NASCAR, stating: “NASCAR has unlawfully maintained its monopoly position by offering a premier stock car racing series in the United States, in violation of of the Sherman Antitrust Act. »
23XI Racing, co-owned by Michael Jordan, Front Row Motorsports files lawsuit against NASCAR
23XI Racing and Front Row Motorsports were the only two Cup teams not to sign a new charter agreement with NASCAR.
NASCAR, in court papers opposing the injunction, said the motion by 23XI Racing and Front Row Motorsports is a “master class in contradictions.” … These contradictions expose the plaintiffs’ motive: to use this court to obtain more money and better contract terms. of NASCAR.”
23XI Racing co-owners Denny Hamlin, Michael Jordan and Curtis Polk were in court with Front Row Motorsports owner Bob Jenkins. NASCAR President Jim France was also in attendance.
#NASCAR … 23XI Racing co-owners Michael Jordan and Denny Hamlin, along with Front Row owner Bob Jenkins, arrive at the federal courthouse in Charlotte for a preliminary injunction hearing. pic.twitter.com/grLhlcfHic
– Dustin Long (@dustinlong) November 4, 2024
Jeffrey Kessler, an expert on sports labor disputes and antitrust laws, represented 23XI Racing and Front Row Motorsports.
He stressed to the judge the importance of granting charter rights to teams, saying, “If we don’t have charters, our drivers are free to go, including the one who could be the champion of NASCAR.”
Kessler was talking about 23XI Racing’s Tyler Reddick, who will face Joey Logano, Ryan Blaney and William Byron for the Cup championship Sunday in Phoenix (coverage begins at 2 p.m. ET on NBC).
Kessler’s voice often rose in court and his arms swayed as he explained to the judge why the preliminary injunction should be granted.
“We’re looking for relief so we can move forward next season,” Kessler said in court.
Attorney Christopher Yates, representing NASCAR and France, said that in the new charter agreement, which begins Jan. 1, the teams will receive “nearly half” of the television revenue from the new agreements and noted that “this is by no means a small amount.” He did not disclose any figures.
Yates noted that 13 of the 15 Cup teams have signed the new charter agreement and said of the plaintiffs’ claims: “It’s contrived. It’s made up, your honor.
Yates later told the judge: “The plaintiffs focused on false accusations and called NASCAR a series of names. »
At the end of his 30 minutes, Yates told the judge there were “so many other things I can say that are false in Mr. Kessler’s statement.”
During his rebuttal time, Kessler pointed out that 23XI Racing and Front Row Motorsports had no other options to compete because they are NASCAR stock car teams and it is a specialized field.
Kessler told the judge, “You can’t tell a football player to become a baseball player, just like you can’t go to a NASCAR team and tell them to become an F1 team.”
Kessler also dismissed the argument Yates made on behalf of NASCAR and France. Kessler told Yates Judge, “He’s fabricating facts and he’s misrepresenting what we’re looking for for relief.” »
NASCAR and its lawyers declined to comment after Monday’s session. Kessler, flanked by the owners of both teams, then spoke with reporters.
“I think we’ve made all the points we need to make and we’re going to look forward to Friday and hopefully get our injunction,” he said.
Kessler went on to say, “This is the first step. I have been advocating for a very long time. I don’t make predictions about the outcome of cases because I’ve been surprised in the past, but I felt very good, that’s all I can do, that we had made our case, that we had right on the facts, that we were right on the law and hopefully the judge will agree.
Jordan was asked if this matter was weighing on the team and if it would impact the team as it prepares to make a run for a championship.
“I think the race team is going to focus on what they have to do this weekend, which is what I expect of them,” Jordan said. “I think Jeffrey (Kessler) did an incredible job today. Hey, I put all my cards on the table. I think we did a good job. I’m looking forward to winning a championship this weekend -end.”
