23XI, FRM attorney Jeffrey Kessler sends strong message to NASCAR ahead of trial

Ahead of a potential trial with NASCAR later this year, Jeffrey Kessler has released a fairly aggressive statement. Today, the two sides met in court for a hearing on summary judgments. The last two days, the parties met for settlement talks.

While NASCAR met with 23XI and Front Row in mediation on Tuesday and Wednesday, a settlement does not appear to be around the corner. Kessler kept his statement in front of the courthouse fairly neutral. His statement to the press afterward is far from neutral.

“My clients’ goal has always been to provide opportunities for growth and stability for every team and they remain steadfast advocates for a fairer, stronger sport,” Kesseler said in his statement. “Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are – retaliatory bullies who would rather focus on personal attacks and distract from the facts. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.”

Kessler has remained confident during the lawsuit. He will need that confidence if he’s taking NASCAR to trial in December. Should the sides not agree on a settlement, December 1 is when they meet in court.

23XI, Front Row headed for trial with NASCAR

Today, both sides were once again able to argue their side to Judge Bell on a few issues. A hearing like the one today is designed to get both sides of the case on the same page regarding certain facts. One fact in particular is the market definition for this case. The two sides are split on what market NASCAR functions in as a business.

Getting certain facts of the case laid out ahead of a trial is important. It will let NASCAR and the teams build their arguments. Without agreeing on a certain set of standards for the case, there will be a lot of arguing over tiny details and minutiae. After leaving the courthouse, Jeffrey Kessler appeared content with how things went.

“So, we were delighted to get our day in court today,” Kessler said, via Matt Weaver of Motorsport. “We think we made our case very well, we think the facts are on our side, we think the law is on our side, and we have great confidence in Judge Bell. So, we’ll wait to see what he decides.”

While the case appears headed for trial, a settlement can arise at any time. So, there is still some hope that the two sides will eventually come together.