Michael Jordan’s 23XI attorney makes claim on latest court developments against NASCAR

Attorney Jeffrey Kessler, who represents the Michael Jordan-owned NASCAR team 23XI Racing and Front Row Motorsports, has responded to the proceedings in the case against NASCAR. He has said that they will officially state their case on September 2, 2025.

Kessler said that the plaintiffs do not concur with the assertion made by NASCAR that their notice and representations make the motion by the plaintiffs seeking a preliminary injunction moot. Kessler also noted that the plaintiffs also challenge the argument that they do not suffer any irreparable damage as a consequence of the actions of NASCAR. He set 23XI and Front Row to submit their formal position to the court on September 2, 2025, responsive to the notice and representations of NASCAR.

Matt Weaver reported:

"Statement from 23XI and Front Row attorney Jeffrey Kessler "Plaintiffs do not agree that Defendants’ notice and representations moot Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs further do not agree that Defendants’ notice and representations demonstrate Plaintiffs face no irreparable harm. Plaintiffs will provide their position to the Court on Defendants’ notice and representations on September 2, 2025.”

Matt Weaver

@MattWeaverRA

Statement from 23XI and Front Row attorney Jeffrey Kessler "Plaintiffs do not agree that Defendants’ notice and representations moot Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs further do not agree that Defendants’ notice and representations demonstrate Plaintiffs

After a controversial hearing in Charlotte, NASCAR has submitted a notice to keep six charters at 23XI Racing and Front Row Motorsports, assuming that they succeed in their federal antitrust case.

This follows NASCAR previously informing parties about an agreement in principle to sell one of the charters it was previously acquiring from 23XI and Front Row to an unnamed organization before 2026. The two groups applied for a preliminary injunction so that NASCAR cannot transfer such charters on the basis that they had been deprived of such charters following their refusal to sign a charter renewal agreement.

NASCAR argued that this might be confusing, as it would upset the other charter holders to be given such reserved charters, considering the nature of the system. The most recent filing by NASCAR makes it clear that the organization will have six charters on reserve in the 2026 season in the event that 23XI and Front Row eventually prevail in their lawsuit.

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NASCAR will not ‘issue, sell, convey, or lease any additional Charters’ for 2026 until their court case is settled with Michael Jordan's 23XI and FRM

NASCAR has announced in court filings that it will not issue, sell, convey, or lease any additional charters for the remainder of the 2025 season until its legal dispute with 23XI Racing and Front Row Motorsports (FRM) is resolved.

Furthermore, without court approval, NASCAR will not act on any transactions involving the two inactive charters previously held by Stewart-Haas Racing. Jordan Bianchi reported:

"In a new filing by NASCAR, it states the following: NASCAR represents it will not issue, sell, convey, or lease any additional Charters for the 2025 Cup Series season; "NASCAR represents that, without Court approval, it will not effectuate a sale, conveyance, or lease of either of two (2) inactive Charters, which were previously held by Stewart-Haas Racing; "NASCAR represents it will not issue, sell, convey, or lease more than four (4) additional Charters for the 2026 Cup Series season."

For the upcoming 2026 season, NASCAR also promises not to issue, sell, convey, or lease more than four additional charters until the lawsuit is settled, imposing a self-regulated limit meant to protect the charter system's stability during the ongoing legal battle.