It was a busy week in the courtroom in the anti-trust case between NASCAR and 23XI Racing/Front Row Motorsports. Here’s what happened this week.
- On Monday (Oct. 6), NASCAR asked the court for a settlement conference in a filing. NASCAR wanted a conference mediated by a judge, while the teams wanted to continue using mediator Jeffrey Mishkin, the former chief legal officer for the NBA.
- This also allowed NASCAR to call for a settlement in the case before the Dec. 1 hearing, with a 23XI Racing owner stating that wanting a settlement in an area where “the parties are in full agreement. NASCAR would also like the resolve this case prior to trial.”
- On Wednesday (Oct. 8) it was revealed that Judge Kenneth D. Bell will oversee the settlement conference between NASCAR and the teams on Oct. 21. Mishkin will serve as the mediator during the settlement conference.
- Attorney Jeffrey Kessler issued a statement: “We welcome Judge Bell’s decision to bring all parties together to engage in meaningful resolution. We remain open to a settlement that genuinely benefits the sport and its fans. The goals my clients have raised are clear, and the teams have affirmed them in their own declarations. From the outset, our objective has been unwavering: to secure lasting stability and growth for every team, their employees and the sport. It’s time for all parties to step up and deliver.”
- On Friday (Oct. 10) the teams filed a response to a previous counterclaim from NASCAR that 23XI and FRM were throwing out a counterclaim that teams illegally colluded in an effort to gain better terms for the 2024 charter deal. In the filing, the teams stated, “The team declarations NASCAR submitted with its summary judgment papers underscore the existential threat the teams faced when NASCAR made its take-it-or-leave-it charter demand.”
A member of the National Motorsports Press Association (NMPA), Samuel also covers NASCAR for Yardbarker, Field Level Media, and Heavy Sports. He will attend the University of Arkansas in the fall of 2025.