“We are disappointed”: Michael Jordan owned 23XI’s attorney issues statement on NASCAR lawsuit after new update

Michael Jordan’s NASCAR team 23XI Racing suffered another setback in their lawsuit against NASCAR. The teams could lose their charter status in seven days and their attorney Jeffery Kessler expressed disappointment with their request to rehear the case being denied by the Fourth Circuit Court of Appeals.

Jeff Gluck had recently reported:

"23XI and Front Row's request for the entire Fourth Circuit Court of Appeals to rehear their case -- not just the three-judge panel who overturned the preliminary injunction -- has been denied. Next steps are unclear, but the teams could lose charter status in seven days."

This could mean the loss of charter status for the teams within seven days. The teams now will have to qualify for each race and suffer from significant financial losses till the final hearing in the case.

Jeffery Kessler responded to the denial:

"We are disappointed by the Fourth Circuit Court of Appeals decision to deny our request for a full rehearing. This decision has no bearing on the strength of our antitrust case, which we look forward to presenting at trial. We are committed to racing this season as we continue to fight for more competitive and fair terms for all teams to ensure the future of the sport, and remain fully confident in our case."

This injunction had preserved their guaranteed entries into races and guaranteed money while the legal battle over NASCAR's charter system continued.

Since the rehearing was denied, the preliminary injunction will expire seven days from the court’s decision. That means both 23XI and Front Row could lose their charter status as soon as the upcoming Dover race weekend. If the teams lose their charter status, they are forced to enter as an “open” entry, meaning they have to qualify for the race each week and are at risk of missing a start or two, as well as not receiving their entitlement for prizes, and limited sponsorship, which could mean less guaranteed funding for their team and possible driver retention issues. This has thus created uncertainty in the teams' future in the Cup Series.

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Michael Jordan & NASCAR urged to settle ongoing legal battle by Federal Judge

A federal judge has strongly urged both NASCAR and Michael Jordan’s 23XI Racing, along with Front Row Motorsports, to settle their escalating antitrust lawsuit out of court, warning that prolonged litigation could be financially damaging for all parties involved. Judge Kenneth Bell expressed deep concern over the mounting costs and uncertainty, stating:

“It’s hard to picture a winner if this goes to the mat — or to the flag — in this case. It scares me to death to think about what all this is costing.”

The lawsuit centers on allegations that NASCAR’s charter agreements unfairly restrict competition by binding teams to exclusive deals with the series, tracks and suppliers, which the teams argue amounts to monopolistic behavior in violation of the Sherman Antitrust Act.