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NASCAR fires back after judge deals major blow in lawsuit vs. 23XI, Front Row Motorsports

Brian Jones Profile Picby: Brian Jones10/28/25brianjones_93
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Pool Photo-USA TODAY NETWORK via Imagn Content Services, LLC

NASCAR has shared its reaction to the countersuit it has filed against 23XI Racing and Front Row Motorsports being dismissed. In a statement, the organization said it remains focused on coming to a resolution with all parties as quickly as possible.

“We respect the Court’s decision, though we respectfully disagree with its legal reasoning,” NASCAR said, per Bob Pockrass of Fox Sports. “Our priority remains resolving this matter quickly so all parties can focus on Championship weekend and continuing to grow the sport. Should a resolution not be reached, we intend to appeal the decision at the appropriate time.”

Judge Kenneth Bell dismissed NASCAR’s counterclaim against 23XI and Front Row, granting the team’s motion for summary judgment. NASCAR claimed that the teams and 23XI co-owner Curtis Polk colluded with other race teams to receive better terms in the current charter agreement.

Will NASCAR settle with 23XI and Front Row?

After the ruling, Jeffrey Kessler, the attorney for 23XI and Front Row, shared his reaction. “Today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport,” Kessler said in a statement. “Their determination remains strong as we continue our efforts for a resolution that benefits everyone — teams, drivers, employees, partners, and fans.”

Last week, both sides spent two days in settlement talks, and NASCAR still hopes a deal can get done soon. The trial is set for Dec. 1, but both sides will meet on Nov. 12, as the judge will hear arguments on several pretrial motions.

It looks like we are at the final leg of the case that has been going on for over a year. 23XI and Front Row filed the lawsuit on Oct. 2, 2024, arguing that NASCAR has violated the antitrust law by controlling the market where premiere stock-car racing teasm can compete. The lawsuit was filed shortly after 13 Cup Series teams signed NASCAR’s new charter agreement. 23XI and Front Row didn’t sign the agreement, deeming it unfair in terms of teams receiving revenue and the restirctions.

23XI Racing is owned by Polk, NASCAR driver Denny Hamlin, and NBA legend Michael Jordan. Front Row is owned by restaurant franchisee Bob Jenkins. Each team has two full-time Cup Series drivers.