23XI, FRM vs. NASCAR lawsuit: Attorney Jeffrey Kessler speaks out after summary judgment hearing

Today, a hearing on summary judgments lasted over three hours. It still appears the NASCAR lawsuit is headed for trial. Attorney for 23XI Racing and Front Row Motorsports, Jeffrey Kessler, briefly spoke to he media after the court let out.

The NASCAR lawsuit has had many twists and turns. Most of what has happened has been setting up for the inevitable December 1 trial. On Tuesday and Wednesday, there were settlement talks. Judge Kenneth Bell sat in on the mediation. No settlement was reached.

Today’s summary judgment hearing consisted of both sides giving arguing their respective points. 23XI Racing and Front Row are especially focused on getting the market definition set ahead of the trial. NASCAR would like the Sherman Act allegations, the basis of the lawsuit against them, to be thrown out.

Jeffrey Kessler didn’t reveal much in his post-hearing comments. It appears that they are more than happy to take this to trial in December.

“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.

NASCAR lawsuit heading for December trial

Should the NASCAR antitrust lawsuit go to trial, there are many things that could happen. Whenever you let a jury or a judge decide matters in court, there are so many directions it can go. Should 23XI and Front Row win out, the sport would likely be subject to radical change. That might not be the worst thing.

Should NASCAR win out in the lawsuit, the status quo will remain. That will also change the sport permanently. Front Row and 23XI would be out six charters total, three each. Rick Ware agreed to sell Legacy Motor Club a charter for $45,000,000. So, we’re looking at a loss of $270,000,000 or so. There just isn’t a future for those organizations to exist without charters.

It would be very short-sighted for NASCAR to allow those two organizations to fold in any scenario. You lose Michael Jordan and Denny Hamlin and that entire circle as investors in the sport. Despite the differences and arguments between the two parties, they absolutely benefit each other. Front Row is also an integral piece of NASCAR and the already small Ford family in the sport.

So, the NASCAR lawsuit will continue for the foreseeable future. In the meantime, Denny Hamlin is going to try to make Phoenix the most awkward championship celebration ever. That is, if he can win the championship and have that photo-op with Steve Phelps and possibly the France family.