CHARLOTTE, N.C. — Day nine of the 23XI Racing / Front Row Motorsports vs. NASCAR lawsuit on Thursday, Dec. 11 began with an odd tone as Judge Kenneth Bell told the court that the day would begin with an hour-long recess.
With that, voices in the courthouse lobby began to mumble about a potential settlement being presented by NASCAR. Around an hour and a half later, the rumor became reality.
Shortly after 10 a.m. ET., Jeffrey Kessler, the plaintiff’s lead attorney informed the court that both sides had agreed to terms and reached a settlement.
Read all of Frontstretch’s content covering the NASCAR vs. 23XI/FRM antitrust lawsuit here
23XI/FRM vs. NASCAR is finally over.
Kessler, along with NASCAR attorney Lawrence Buterman, told the court that both sides had reached a “positive” agreement and presented Judge Bell the terms once it was finalized and printed.
“We are delighted to tell the world of NAASCAR and its fans that this case has been settled,” Kessler told media outside the courthouse. “We believe it’s a settlement that’s going to grow this sport, that’s going to be great for the teams and for NASCAR, but most importantly for the fans.
“This was never about just 23XI. It was never just about Front Row. It was about trying to do something that was to be great for everyone.”
Reacting to the news, Bell informed the jury the trial was over, and they were free to leave and to discuss the case if they wish. The reaction was positive, as one juror jokingly asked, “Do we still get paid for tomorrow?” and another fist pumped in the air as they left. Laughter came from both sides of the court in response.
After reading the agreement presented to him, Judge Bell commented that he believes the terms were “great for NASCAR, great for the teams and the drivers and great for fans.”
While specific financial terms of the settlement will likely not be disclosed by NASCAR, Kessler and NASCAR both confirmed that 23XI and FRM will have their charters returned for the beginning of the 2026 season.
Although that seems like a resumption of the status quo, what will certainly change is the emplacement of an “evergreen” or permanent charter system, meaning all current charter holders will retain its charter without the need to renew them every few years.
When all parties finally exited the courthouse on Thursday morning, their relief could be seen on their faces. 23XI Racing co-owner Michael Jordan and NASCAR CEO Jim France joked while shaking hands with smiles before speaking to the media.
“I’ve said this from day one, the only way this sport’s going to grow is we have to find some synergy between the two entities,” Jordan said. “I think we’ve gotten to that point. Unfortunately, it took 16 months to get here, but I think level heads has got us to this point to where we can actually work together and grow this sport.
“I’m very proud about that, and I think Jim feels the same way.”
Here’s What Michael Jordan, Denny Hamlin & More Had To Say About the NASCAR Antitrust Lawsuit Settlement
The settlement was reached a day after the end of France’s testimony that saw multiple questions regarding teams’ requests of a permanent charter system. With moments of the trial and its evidence becoming tense over the last week and a half, France said he was happy to get back to focusing on running the sport.
“We can get back to focusing on what we really love, and that’s racing,” France said. “We spent a lot of time not really focused on that so much as we need to be, so I feel like a very good decision here together. We have a big opportunity to continue growing the sport. We’ve got Denny Hamlin getting ready to go for the championship. We need to focus on what we all love.”
The settlement comes after 16 months of tribulation and appearances in courtrooms. Jordan further concurred with France on his delight to finally reach a common ground.
“In all honesty, when you get to the finish line, sometimes you have to think not just for yourself, but you got to think about the sport as a whole,” Jordan continued. “I think both parties got to that point, and we realized that we could have an opportunity to settle this, and we dove in and we actually did it. Unfortunately, it took us that long, but we got here.”
After speaking to reporters, all parties exited in their vehicles parked adjacent to the courthouse and left. They will not be returning Friday.
“For the fans and for the sport, we’re glad to put these differences behind us in this lawsuit, lock arms, move together, preserving the charter system for the benefit of all the stakeholders and growing this sport and the fan experience to be the greatest in all sports,” NASCAR attorney Chris Yates told the media.
Judge Bell dismissed the jury but told the court that they would resume next Thursday, Dec. 18 to further discuss the non-disclosure agreement evidence presented during the Richard Childress testimony.
Dalton Hopkins began writing for Frontstretch in April 2021. Currently, he is the lead writer for the weekly Thinkin' Out Loud column, co-host of the Frontstretch Happy Hour podcast, and one of our lead reporters. Beforehand, he wrote for IMSA shortly after graduating from Embry-Riddle Aeronautical University in 2019. Simultaneously, he also serves as a Captain in the US Army.
Follow Dalton on Twitter @PitLaneCPT