Jeffrey Kessler reacts after Judge Bell rules in favor of NASCAR against 23XI Racing and FRM

Kelly Crandall took to X to share a major update on NASCAR’s legal battle with 23XI Racing and Front Row Motorsports. The post by a motorsports journalist includes attorney Jeffrey Kessler’s response after U.S. District Court Judge Kenneth D. Bell ruled in favor of NASCAR, rejecting a request by the two teams.

In the statement, Kessler said his clients’ rights remain protected while they prepare for trial later this year. He added that the decision keeps 23XI Racing and Front Row Motorsports active through the 2025 season and preserves the possibility of regaining charters if they win in court. As he put it:

“We are grateful that Judge Bell has made clear that the status quo is being maintained — protecting my clients’ rights to regain their charters if they prevail at trial and ensuring their ability to continue racing through the 2025 season based on NASCAR’s commitments.”

Kelly Crandall

@KellyCrandall

Jeffrey Kessler statement: “We are grateful that Judge Bell has made clear that the status quo is being maintained — protecting my clients’ rights to regain their charters if they prevail at trial and ensuring their ability to continue racing through the 2025 season based on NASCAR’s commitments. Equally important, Judge Bell reaffirmed his broad power to order meaningful changes in NASCAR should we succeed, so that teams, drivers, sponsors, and fans can benefit from a sport positioned for long-term growth and restored competition. We are ready to present our case at trial in December.”

Earlier on Wednesday, September 3, NBC Sports reported that Judge Bell denied a preliminary injunction request by 23XI Racing and Front Row Motorsports. The request aimed to secure charter status for the remainder of the Cup Series season.

This means both teams will continue as open entries for the remainder of the season. Open teams receive less financial support than charter teams, but, under a recent rule change, do not face the risk of missing races. NASCAR guaranteed that all six cars from 23XI Racing and Front Row Motorsports will start every event this year.

For drivers, this is good since it ensures consistency. 23XI Racing’s Tyler Reddick and Bubba Wallace remain eligible to compete for the championship. Meanwhile, Riley Herbst, Todd Gilliland, Zane Smith, and Noah Gragson will also continue racing without concerns about qualifying spots.

Judge Bell explained that one of the requirements for a preliminary injunction is proof of irreparable harm. He ruled that NASCAR’s recent actions removed that risk. In late July, the sanctioning body changed its rules to secure participation for the affected teams. Then, on August 29, NASCAR informed the court that it would not sell or transfer the six disputed charters this season or before the trial.

The teams argued that losing charter status would still harm them by risking sponsor deals and creating legal disputes with drivers. However, Judge Bell ruled that financial losses could be addressed later through damages. He also wrote that uncertainties about charters for the 2026 season will only be settled after the trial concludes.

Bell added that NASCAR’s commitment to limiting new charters preserves the status quo. This means that while 23XI Racing and Front Row Motorsports lose guaranteed charter payouts, they are not in immediate danger of being pushed out of competition.

---

NASCAR veteran Kevin Harvick believes NASCAR dispute leaves 23XI Racing drivers frustrated but focused on results

In a recent episode of the Happy Hour podcast, Kevin Harvick discussed whether 23XI Racing’s legal issues with NASCAR are affecting its drivers. He was asked if the ongoing case created distractions for Tyler Reddick and Bubba Wallace, both of whom opened their playoff campaigns strongly at Darlington. Reddick finished second, while Wallace ended sixth.

Harvick said the situation was likely frustrating for the drivers, even if it was not a direct distraction. He explained that Reddick and Wallace signed up to race, but instead find themselves fielding questions about legal disputes they cannot control.

According to Harvick, the off-track issues affect team co-owner Denny Hamlin differently than the drivers. Hamlin is involved in the ownership and larger negotiations with NASCAR, while the drivers are not. For them, Harvick said, the constant discussion of charters and restructuring is more of an annoyance than a full distraction. Quoting Harvick from the podcast:

“I think that the two drivers are probably annoyed more than anything because they just want to race. They signed up to race. They signed up to go out there and do their job and they're having to answer questions about stuff that they don't really want to answer questions about that. It is a distraction. I mean, it's not the same distraction for Denny Hamlin as it is for Tyler Reddick and Bubba Wallace because they're not vested in the ownership of the team and restructuring the league. So at this point it's annoying.”

Harvick also pointed out that despite the legal confusion at the moment, both Reddick and Wallace are focused on results. Strong finishes like those at Darlington show that the drivers are still performing at a high level, regardless of the ongoing case.