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Federal Judge Doesn't Hold Back On 23XI Racing Lawsuit

Originally posted on The Spun | By Tzvi Machlin | Last updated Jun 19, 2025 12:14 PM ET

As the lawsuit between Michael Jordan's 23XI Racing team plus Front Row Motorsports versus NASCAR continues, a federal judge presiding over the case had some harsh words for the different sides.

Earlier this week during a hearing, U.S. District Court Judge Kenneth Bell pleaded with the two sides to settle the case before it goes to trial in December. Bell explained that he doesn't see a scenario where either side is left happy with the result and thinks that the cost might outweigh the benefits.

"It’s hard to picture a real winner out of this if this goes to the mat, or the flag in this case," Bell said.

The Tuesday hearing saw 23XI and Front Row request to dismiss NASCAR's countersuit against them. The teams allege that Cup Series teams illegally conspired to get better charter teams in the 2025-2031 agreement, while NASCAR argues that teams boycotted a council meeting in February 2024.

“Jeffrey Kessler (the attorney for 23XI and Front Row) argued that because the teams did negotiate individually with NASCAR and because NASCAR negotiated with the Race Team Alliance and its Team Negotiating Committee, that there was nothing illegal about the teams trying to be aligned in their stance,” FOX motorsports insider Bob Pockrass summarized.

Judge Bell intends to make his ruling soon.

Update from today’s hearing in federal court: https://t.co/NrA1f6gEaC
— Bob Pockrass (@bobpockrass) June 17, 2025

The decision comes on the heels of a separate court ruling against 23XI and Front Row by repealing an injunction against NASCAR that prevented the company from seizing their racing charters for 2025. They have only a few more days before the injunction expires unless they can get a rehearing. After that, they might not be able to race again this season.

Kessler has made the case that if NASCAR were to win this ruling, any company would be able to force people who use their products to waive their antitrust rights.

"Under their decision, Google could go to all their customers and say, ‘If you want to be on my app store, you have to waive your antitrust right’ so we never get a Google case," Kessler said. "Apple could do the same... We think we should have a rehearing."

Bell certainly had a point when he said that this case could be more costly than either of the sides realize.

This article first appeared on The Spun and was syndicated with permission.

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