The storm is settling on one side. After Michael Jordan and Co. filed a NASCAR lawsuit back in October, the prospects looked bleak. Attempting to dismantle a 76-year-old racing dynasty is no fluke – several lawsuits have been filed against NASCAR before, and the France family almost never lost. However, things took a brighter turn for Jordan in December and they still look bright despite his opponent’s pushback.

On December 18th, federal judge Kenneth D. Bell granted the preliminary injunction motion to Jordan’s side, allowing 23XI Racing and Front Row Motorsports to race as chartered teams in 2025. This development left NASCAR crestfallen, and now its executives are frantically trying to fight back. However, Jordan’s lawyer looks pretty relaxed.

Michael Jordan and Co. are taking it easy

Despite the misgiving stirred by Judge Frank Whitney’s stint, Michael Jordan’s side won the first round. NASCAR had already excluded 23XI and FRM from the 2025 Cup Series entry list, concocting new plans to spend the race rewards that the two teams would have received as chartered teams. Judge Bell’s ruling chucked all these plans out the window – now the France family is looking for alternate ways to counter-attack. NASCAR’s lawyer Christopher Yates requested the court that the two teams post money into an escrow bond. This would cover the costs that NASCAR has to pay them in case Jordan’s side loses.

Besides asking for a ‘Rule 65 Bond’, the stock car racing series also filed a motion to entirely dismiss the case. The 90-minute hearing for this motion ensued on Wednesday. 23XI co-owner Denny Hamlin present along with FRM general manager Jerry Freeze were present. Michael Jordan was absent as NASCAR was trying to handicap his team with a bond. Yet his lawyer, Jeffrey Kessler, came out of the courtroom with a cheerful face. He told the press: “(It was) good… we’re happy to have our day in court. As always, we look forward to moving forward with the case. I’m very happy to hear the judge say that the trial date is going to happen… not going to move, and that’s exactly what we want.”

The jury trial date has been set for Dec. 1, 2025, and it will likely be a 10-day trial. The location will be at a federal courthouse in Charlotte, North Carolina. NASCAR is desperately trying to dissolve the case before it gets there – yet Kessler is confident in Judge Bell’s decision. “Very agreeable… I am very hopeful that he will not (dismiss the case), but I do not believe it to be likely that this case will be dismissed.” Michael Jordan‘s lawyer also acknowledged Judge Bell’s ‘push back’ on Kessler’s frequent conversations with the media and his ability to handle the case. “We respect 100% what the judge says, and we’ll always take that into account and proceed accordingly. Especially since he’s joined very recently… I think he has an excellent grasp of the case,” Kessler concluded.

Indeed, Judge Bell’s court proceedings involved a focused yet light-hearted mindset.

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When Judge Kenneth Bell granted the preliminary injunction motion, NASCAR criticized him for having a “misunderstanding.” The sanctioning body also complained it was “never given the opportunity” to present its case. It claimed that Bell was “procedurally and substantively” erring. However, Judge Bell did demonstrate his firm understanding of the case. He peppered both sides with questions about the lawsuit, leaving no stone unturned. He asked NASCAR how it may suffer if the teams compete. Bell even asked, “Why give a charter to anyone?” To this, NASCAR warned that it “would be perfectly fine going back to that (pre-charter) model.”

However, Bell did not falter. He hinted about not dismissing the lawsuit as “We’ve got to get this case moving.” He even warned both sides that they need to work together to avoid disputes. Bell even allowed some comical moments in court as well. At one point, he asked NASCAR what they had to lose in this case. Yates said that NASCAR “wants to work with teams that don’t denigrate NASCAR.” This was a sharp attack on Michael Jordan and Co. Yet Judge Bell had a quick and jarring comeback that induced ripples of laughter. “You mean teams that don’t sue NASCAR?”

With an attentive and jovial judge on the case, Jeffrey Kessler may have a lot to smile about. However, only time will tell us how the case proceeds.