This year, NASCAR made some changes to the charter agreement, which did not sit well with Michael Jordan. The co-owner of 23XI Racing decided to skip the deadline on the charter deal to renegotiate the terms of the contract. However, NASCAR was not ready to budge, which led 23XI Racing to team up with Front Row Motorsports to bring down a lawsuit against the governing body. This news has been making headlines for the past few weeks, and the court date was set for October 16.
The two teams decided to bring in Jeffrey Kessler, a well-known sports lawyer who is known for his work in the NCAA antitrust settlement, which resulted in a $2.8 billion agreement to compensate student-athletes for their name, image, and likeness. In response to this, NASCAR hired Chris Yates, who has defended clients like the U.S. Soccer Federation, UFC, and the Atlantic Coast Conference. With both teams having geared up for the suit, there happened to be a delay with the hearing, which pushed the date back by 2 weeks.
Why was the anti-trust lawsuit by NASCAR delayed?
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It is a difficult time for many people in the USA, as quite a few are still recovering from the havoc that Hurricane Milton has caused. Hurricane Milton started forming in the Gulf of Mexico and soon progressed to Florida, affecting places like the Tampa Bay area and Daytona. Bob Pockrass from FOX Sports has been sharing news about the anti-trust lawsuit on X and recently there has been an update on the situation.
Bob Pockrass started a thread on X where he kept updating the situation with the lawsuit. In his first post, he mentioned, “The hearing on the preliminary injunction is set for Oct. 16 (next Wednesday) in federal court in Charlotte. The judge has ordered NASCAR to respond by Monday (and must respond by this Friday on the 23XI/FRM request for expedited discovery).” However, with Hurricane Milton spreading disasters around the area, the situation has taken a turn.
According to Bob Pockrass, “NASCAR has asked deadlines for response be extended as its Daytona offices could be closed all week b/c storm. NASCAR notes 23XI/FRM didn’t ask for earlier deadlines than the 2 weeks the court normally gives for response. NASCAR proposes Nov. 4 hearing; 23XI/FRM want Oct. 28 or 29.” Although 23XI Racing and Front Row Motorsports want to get to the bottom of the anti-trust lawsuit, they decided to stay patient considering the hurricane hit NASCAR’s headquarters in Daytona.
Hearing on preliminary injunction in 23XI/FRM lawsuit vs NASCAR moved to Nov. 4. NASCAR still must respond by next Wednesday to the teams’ motion for the injunction. https://t.co/PLuBwagFko
— Bob Pockrass (@bobpockrass) October 10, 2024
In the most recent update on the situation, Pockrass shared, “Hearing on preliminary injunction in 23XI/FRM lawsuit vs. NASCAR moved to Nov. 4. NASCAR still must respond by next Wednesday to the teams’ motion for the injunction.” What started with the hearing date being the 16th of October has now moved to November 4th. Despite the delays, NASCAR must still meet the new response deadline set for the week before the November hearing.
23XI Racing and Front Row Motorsports want to continue racing in 2025
In the court case against NASCAR, 23XI Racing and Front Row Motorsports claim that the organization’s charter system is too controlling. Michael Jordan, Denny Hamlin, and Bob Jenkins believe NASCAR’s rules limit competition and force teams into unfair deals. While other teams reluctantly signed the new agreements to keep their spots, 23XI and Front Row refused, determined to push for a change.
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Although the two teams filed a lawsuit against NASCAR, they asked the court for permission to race in the upcoming season while the case was being decided. Their lawyer, Jeffrey Kessler, argues that NASCAR’s charter system is way too restrictive, and he wants to stop NASCAR from enforcing a rule that blocks teams from suing them. If they don’t win the case, the two teams could lose millions, but they’re confident it’s a risk worth taking.
NASCAR, on the other hand, says the new charter agreement is fair and came after two years of talks with teams. In the meantime, 23XI and Front Row are ready to race in 2025, no matter what, as they wait for the next round in their fight against NASCAR’s system. Judging by the fact that the two teams decided to sue the governing body, do you think that NASCAR will let them race in the upcoming season? Share your thoughts in the comments below.
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Is NASCAR's charter system stifling competition, or is it a necessary evil for the sport?
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