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23XI, Front Row lawsuit: Judge deals major blow to NASCAR with dismissal ahead of trial

Brian Jones Profile Picby: Brian Jones10/28/25brianjones_93
NASCAR
Feb 22, 2017; Daytona Beach, FL, USA; A view of the NASCAR logo and the Toyota logo on the fire suit of NASCAR Cup Series driver Kyle Busch during Daytona 500 media day at Daytona International Speedway. Mandatory Credit: Peter Casey-USA TODAY Sports

NASCAR just received a major blow in its court battle against 23XI Racing and Front Row Motorsports ahead of the December trial. According to multiple reports, the judge has dismissed NASCAR’s counterclaim and 23XI and Front Row, which alleged they illegally conspired with teams to get a better deal in the charter agreement. If the case does go to trial, it will be only about whether NASCAR is a monopoly.

The decision came after NASCAR, 23XI, and Front Row had settlement talks. On Oct. 23, the teams have asked that NASCAR’s counterclaim be thrown out. That was one of three summary judgment motions Judge Kenneth Bell heard last week.

This is a big win for 23XI and Front Row, who filed a lawsuit against NASCAR and Chairman Jim France on Oct. 2, 2024. The lawsuit was filed after both teams refused to sign the charter agreement, which was signed by 13 other Cup teams on Sept. 6, 2024.

Are 23XI, Front Row and NASCAR on ‘suicide mission?’

NASCAR driver Denny Hamlin is a co-owner of 23XI with Michael Jordan. Last week, Hamlin spoke to reporters about how settlement talks went for the teams.

“It was OK the first day, not great the second day,” Hamlin said, via Jeff Gluck of The Athletic. “Didn’t end in any resolution, unfortunately. … Both sides probably feel strongly about their case. I think one of us is on a suicide mission.”

Jeffery Kessler, the attorney for 23XI and Front Row, shared his thoughts on how the summary judgment went for his clients. “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.”

One of the interesting things is that NASCAR might have to award its Cup Series championship to Hamlin, as he’s competing in the Championship 4 on Sunday. If that happens, and 23XI and Front Row win their case against NASCAR, it will be a 2025 season Hamlin will never forget.