Michael Jordan-backed 23XI and FRM take daring step to counter NASCAR's illegal collusion claim

NASCAR’s charter fight with 23XI Racing and Front Row Motorsports has taken another twist. On September 3, U.S. District Court Judge Kenneth Bell denied the teams’ request to remain chartered for the rest of the season. The decision keeps 23XI and FRM listed as “open” teams, although NASCAR has guaranteed their entry into the remaining 2025 races.

The ruling means both teams, including Michael Jordan-backed 23XI, will have to carry on without the financial benefits of charters until the December trial. Judge Bell noted the teams would not suffer irreparable harm since NASCAR pledged that at least six charters would remain available in case the plaintiffs prevail.

Complicating matters further is NASCAR's claim that the teams, along with Jordan’s longtime business partner Curtis Polk, illegally colluded to secure more favorable charter terms. That allegation has now drawn a pointed response. As Fox Sports' Bob Pockrass reported on X, the teams plan to file for summary judgment to throw out the counterclaim:

"While judge indicated he'd likely deny summary judgment motions in 23XI/FRM-NASCAR case, 23XI/FRM/Polk filing today on proposed page limits indicates it will ask for summary judgment to throw out NASCAR's counterclaim that teams illegally colluded to obtain better charter terms."

Bob Pockrass

@bobpockrass

While judge indicated he'd likely deny summary judgment motions in 23XI/FRM-NASCAR case, 23XI/FRM/Polk filing today on proposed page limits indicates it will ask for summary judgment to throw out NASCAR's counterclaim that teams illegally colluded to obtain better charter terms.

For 23XI and FRM, this counterclaim has become as high-stakes as the original lawsuit. If Bell sides with NASCAR, it could weaken their leverage heading into trial. If the judge throws it out, the path clears for the antitrust claims to take center stage on December 1.

Judge Bell has already reprimanded both parties for failing to settle the case outside the court. He noted that uncertainty affects not just owners and drivers but also crews, sponsors, broadcasters, and fans. That makes it unlikely he’ll want the case dragged out further.

All sides now face a winter showdown. Until then, the court has ensured 23XI Racing and FRM will keep racing, but the fight over charters and the future shape of NASCAR’s business model remains unresolved.

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Denny Hamlin is confident Tyler Reddick will stay with 23XI Racing amid lawsuit against NASCAR

Tyler Reddick (L) and Denny Hamlin during qualifying for the Cook Out 400. Source: Getty

While the legal battle looms large, the implications are personal inside the garage. Without charters, 23XI Racing’s three cars - Bubba Wallace’s No. 23, Tyler Reddick’s No. 45, and Riley Herbst’s No. 35 - are classified as open entries. That status means the drivers technically hold free-agent clauses if the charter dispute drags on.

For Tyler Reddick, a proven contender and two-time Xfinity champion, the situation has fueled speculation. His contract includes an out clause tied to charter status, but co-owner Denny Hamlin brushed aside concerns when asked last week.

"Well, we have him under contract, and I think he probably feels as confident as we are in December,” Hamlin said. (via Peter Stratta)

Asked if other teams have tried to approach Reddick, Hamlin replied:

“I’m not sure."

Tyler Reddick’s credentials make him an attractive target. He has qualified for the playoffs in each of the last four seasons and reached the Championship 4 in 2024. Both he and Wallace are playoff contenders once again this year, which has only elevated his profile.

The reassurance from Hamlin suggests 23XI is confident, even as its future depends on the December ruling. For now, Bubba Wallace, Tyler Reddick, and Riley Herbst are still racing under the Jordan-Hamlin banner, carrying the lawsuit’s weight on top of their playoff aspirations.

And with Hamlin himself locked into the postseason through a win in the JGR No. 11, all three drivers head into the Round of 16 with stability on track, even if the legal landscape around them remains anything but.