Michael Jordan’s attorney for the case against NASCAR recently went on record to release a statement regarding a settlement hearing ordered by Judge Bell on October 21. The teams have welcomed Bell’s decision as they see it as an opportunity to achieve lasting stability for the teams.
On October 21, 2025, NASCAR, 23XI Racing, and Front Row Motorsports will be compelled to attend a settlement conference with the current mediator, Jeffrey Mishkin, as ordered by U.S. District Judge Kenneth D. Bell. The judge's decision follows the denial of all previous settlement attempts and the granting of NASCAR's application for a judicial settlement conference.
In his remarks, Judge Bell indicated that the litigation costs were enormous and that he would be very pleased if the parties were to make a genuine effort to resolve the case in advance of the hearing dated 1 December 2025. Summary judgment motions will be heard on October 23, which is also the new date for the witness exclusions hearing.
23XI Racing and Front Row Motorsports' attorney, Jeffrey Kessler, released a statement on Judge Bell's decision (as reported by Jeff Gluck on X):
“We welcome Judge Bell’s decision to bring all parties together to engage in meaningful resolution. We remain open to a settlement that genuinely benefits the sport and its fans. The goals my clients have raised are clear, and the teams have affirmed them in their own declarations. From the outset, our objective has been unwavering: to secure lasting stability and growth for every team, their employees, and the sport. It’s time for all parties to step up and deliver.”
Mishkin is a high-profile attorney and a problem solver who is familiar with intricate sports-related antitrust cases and has a great track record, having been the NBA's executive vice president and chief legal officer.
NASCAR demanded a major change in its lawsuit against 23XI and FRM
NASCAR had demanded a major change in its ongoing lawsuit against 23XI Racing and Front Row Motorsports (FRM), which arose after both teams refused to sign a new charter agreement. As the only two teams among the 15 Cup Series teams to reject the updated charter terms, 23XI and FRM filed suit, accusing the governing body of unfair practices and monopolistic behavior.
In response to the prolonged dispute, NASCAR and the teams have engaged in mediation led by Jeffrey Mishkin, a seasoned mediator who has experience dealing with high-profile sports cases. However, progress remained limited, prompting NASCAR to request a new "judicial settlement conference", as reported by apnews.com:
"The parties' readiness to resolve this matter, along with the interests of others in the sport and the Court to see this case resolved, suggest a judicial settlement conference would be a meaningful way to facilitate a settlement."
The lawsuit centers around the racing institution's charter system, which guarantees race entries and contributes to team equity.
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