Michael Jordan’s 23XI attorney speaks out on team’s expectations from NASCAR amid legal battle

Jeffrey Kessler, the attorney representing 23XI Racing and Front Row Motorsports, shared their expectations if they win the case against NASCAR. Their camp seeks to eliminate several alleged monopolistic practices, including the restrictions on Cup tracks hosting other racing series.

For the unversed, 23XI, co-owned by six-time NBA champion Michael Jordan and Denny Hamlin, and FRM are two of the 13 race teams that didn't sign the charter extension deal. Instead, they have filed an antitrust lawsuit against NASCAR and are competing under an injunction, which allows them to operate as temporary chartered teams.

Veteran NASCAR reporter Bob Pockrass caught Kessler and Hamlin outside the court after the hearing on Tuesday. When asked about the plaintiffs' expectations from the ongoing lawsuit battle, the attorney said:

“As I noted to the Judge (Kenneth Bell), there's a lot of reliefs that is well-known in the antitrust laws. One of which is divestiture, which would be the separate running of NASCAR and the commercial terms from the tracks. That's a possibility.” [0:40]

“Another one is getting rid of all these restrictions that stopped the tracks from having competing in events... stopped the teams from racing in other events, stopped the teams from using their Next-Gen cars in other events,” he added.

The recent hearing was ordered to give 23XI Racing and Front Row Motorsports the floor to dismiss NASCAR's counterclaim. The stock car racing series alleged the plaintiffs of illegally engaging in group negotations with other teams to gain better charter terms.

Perhaps the most significant development is the withdrawal of the injunction on June 5, which means the teams are on the verge of losing their temporary charter benefits. The teams requested the Richmond-based U.S. appeals court judges to reinstate the injunction, with the decision expected to come out on Thursday.

Tyler Reddick rocking Michael Jordan's brand livery on the #45 Toyota Camry - Source: Imagn

Without a charter, Michael Jordan's 23XI and FRM will compete under open team conditions. They have to qualify to make the starting lineup. Moreover, they will lose the guaranteed payouts every race, which should affect their on- and off-track operations financially.

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Veteran NASCAR reporter spoke on Bubba Wallace's seat at Michael Jordan's team next year

Bob Pockrass argued that Bubba Wallace would stay at 23XI Racing even if the teams run as open entries next year. This statement follows his speculation that Wallace would likely leave the team as the affected drivers signed chartered seats.

The veteran NASCAR reporter wrote on X:

“I messed up/misspoke on this episode as far as Bubba – he is set for next season (if they are non-chartered, drivers possibly could get out of their deals but wouldn’t think he would).”

Bubba Wallace is one of Michael Jordan's three drivers at 23XI. He runs alongside teammates Tyler Reddick and Riley Herbst, who is on a rookie campaign. Meanwhile, Front Row Motorsports fields a young driver lineup consiting of Todd Gilliland, Noah Gragson, and Zane Smith.

In December, the teams and NASCAR are scheduled for a trial. The court aims to sort out the case before the next season begins.