Michael Jordan‘s NASCAR Lawsuit May Hit the Skids After Latest Hearing
Michael Jordan’s win streak in the NASCAR antitrust litigation could be coming to an end. On Friday, a three-judge panel on the U.S. Court of Appeals for the Fourth Circuit held an oral argument in the Lewis F. Powell, Jr. U.S. Courthouse in Richmond, Va., on whether a trial judge correctly granted preliminary injunctions for […]
Michael Jordan’s win streak in the NASCAR antitrust litigation could be coming to an end.
On Friday, a three-judge panel on the U.S. Court of Appeals for the Fourth Circuit held an oral argument in the Lewis F. Powell, Jr. U.S. Courthouse in Richmond, Va., on whether a trial judge correctly granted preliminary injunctions for 23XI Racing, which Jordan owns with Denny Hamlin, and Front Row Motorsports in their case against NASCAR.
Judges Paul V. Niemeyer, G. Steven Agee and Stephanie Thacker heard the dueling arguments, and their remarks indicated they found the injunctive relief problematic and signaled they might vacate it.
Jeffrey Kessler of Winston & Strawn delivered the oral argument for Jordan’s group. Kessler is arguably the most prominent sports litigator in the country, having represented college athletes, Tom Brady and U.S. women’s national team players in antitrust, labor and contractual disputes. NASCAR retained Christopher S. Yates of Latham & Watkins to present its case. Yates, a highly accomplished sports litigator in his own right, recently led U.S. Soccer to an antitrust trial victory over the North American Soccer League.
To be clear, the hearing was not on the larger issues presented by the case, but on the narrow question of whether U.S. District Judge Kenneth D. Bell errantly granted injunctive relief last December. The relief prohibits NASCAR from denying 23XI and Front Row the same terms offered to charter teams but with a twist that seemed to bother the trio of judges: 23XI and Front Row, unlike NASCAR charter teams, weren’t required to sign a mutual release of claims.
During the hearing, Thacker opined that “this is the first time . . . in all the history of contract law” that an injunction mandates what—NASCAR insists—is essentially a new contract. 23XI Racing and Front Row contractually receive the benefits of a charter without having to sign a release. Kessler countered that “there are very few adjudicated monopolization cases” and thus there is a shortage of decisions to cite.
Niemeyer seemed especially skeptical of the plaintiffs’ viewpoint. He said he understands Kessler’s contention that there are legitimate antitrust claims against NASCAR. The case centers on 23XI Racing and Front Row’s assertion that charters, which guarantee teams a starting position in NASCAR-sanctioned races while restricting their capacity to compete in other circuits, run afoul of antitrust law. NASCAR, as depicted by the plaintiffs, has too much control over the “buying” of drivers and teams’ services in premier stock racing series.
But Niemeyer reasoned that the logic for the injunction breaks down when viewing the charter’s mutual releases as an exchange for teams getting what they really want: the chance to participate in NASCAR races as charter teams.
The judge surmised that once teams sign the release, they aren’t injured in a legal sense since they’re able to race as chartered teams. In other words, if a team doesn’t want to race as a charter team because the team sees the charter as illegal, it simply shouldn’t sign and should then sue. Under this logic, 23XI Racing and Front Row want the benefits of the charter and the chance to sue.
Kessler disagreed, saying the relevant harm is that teams “are selling our services to NASCAR,” an organization Kessler says sets the price paid to teams and has “set below competitive market prices.” With the NCAA understandably on Kessler’s mind as he and other counsel wait for U.S. District Judge Claudia Wilken to approve the House settlement, Kessler compared NASCAR to the NCAA. While NASCAR allegedly sets prices for teams too low, Kessler said the NCAA has set prices at $0 for the services and NIL provided by college athletes. The injury in both instances, Kessler explained, “is you are getting too little.”
The judge suggested that Kessler wasn’t addressing the specific point at issue. Kessler was told it’s one thing to not sign the charter, which contains releases, and sue. But it’s another to sign the charter and get to sue because a trial judge has modified the charter for 23XI Racing and Front Row—but no other teams—by removing the releases.
Agee’s comments focused on the fact that the hearing is only about the injunctive relief, and he noted that Bell (the trial judge) made no findings of facts on other topics. Kessler was told he might ultimately prove the case at trial, which is scheduled for Dec. 1, but the three-judge panel is only weighing the lawfulness of Bell mandating NASCAR sign contracts with 23XI Racing and Front Row with modified terms.
Perhaps sensing the panel may be leaning in NASCAR’s direction, Kessler warned the three judges that vacating the injunctive relief “will cause irreparable harm.” He repeatedly said this part of the year “is the middle” of the NASCAR season and the trial isn’t until December. “We might lose our drivers in the interim,” Kessler said. He also said there would be injury to third parties, including Stewart-Haas Racing which sold charters via the injunction. Stewart-Haas “will have nothing . . . no drivers . . . in the middle of the [NASCAR] season” if Bell’s ruling is set aside.
Yates disagreed with Kessler. He stressed that Bell’s written order indicated he had “no opinion” on the merits of the case outside the releases. As Yates told it, Kessler is “challenging” an ordinary and competitive term (releases) in contracts found in American pro sports. The gist of a release is that if an athlete or, in the NASCAR context, team is able to compete in a professional sports competition and receive all the financial and reputational benefits that such eligibility carries, the athlete/team must accept the terms of the eligibility contract. One term is that they waive the right to later sue the league.
“If you want to race in NASCAR as a charter team, you have to agree to the release,” and if a team doesn’t want to agree to the release, it can compete as an open (non-chartered) team, Yates said.
Yates also argued that NASCAR and charter teams are hurt by the injunction. He maintained that NASCAR is “forced” into a contractual relationship with a counterpart with whom it doesn’t want to be in contract under the judicially compelled terms. As for charter teams, Yates said they suffer because they “lose” opportunities for compensation. The money pie for charter teams is divided into smaller pieces with 23XI and Front Row included. Yates said 23XI Racing and Front Row’s case boils down to “they are trying to have their cake and eat it too.”
The judges urged the two sides to take mediation seriously, and both Kessler and Yates pledged to do so. Yates, though, said, “we’re not going to rewrite the charter contract” to accommodate 23XI Racing and Front Row.
There is no timetable on when the Fourth Circuit will decide, but it will likely be within weeks. The fact that the judges seemed skeptical of the plaintiffs’ position doesn’t guarantee they’ll rule for NASCAR. Judges often use oral argument hearings to test their understanding of cases and accompanying arguments. Sometimes judges rule differently than how they sounded in a hearing. Still, it was a good day for NASCAR in court.
Tickets On Sale for 2025 Ontario Honda Dealers Indy Toronto
INDYCAR Public sales for all 2025 Ontario Honda Dealers Indy Toronto multiday tickets are underway at hondaindy.com. The 37th edition of the motorsports festival headlined by the NTT INDYCAR SERIES returns July 18-20 to Exhibition Place in downtown Toronto. The longstanding summer event again will bring high-speed racing action to Toronto’s downtown streets alongside a […]
Public sales for all 2025 Ontario Honda Dealers Indy Toronto multiday tickets are underway at hondaindy.com. The 37th edition of the motorsports festival headlined by the NTT INDYCAR SERIES returns July 18-20 to Exhibition Place in downtown Toronto.
The longstanding summer event again will bring high-speed racing action to Toronto’s downtown streets alongside a festival atmosphere full of family fun with interactive displays and diverse food and beverage options. The weekend offers great value for families, as children 12 and under receive free general admission every day when accompanied by a ticketed adult.
On track, the NTT INDYCAR SERIES will take on the 1.786-mile, 11-turn temporary street circuit built on Exhibition Place near the Lake Ontario shoreline.
On Friday, July 18, Your Ontario Honda Dealers Present Free Fan Friday, which offers general admission courtesy of the Ontario Honda Dealers Association through a voluntary donation to Make-A-Wish Canada. Since 2010, Toronto Indy fundraising has raised over $1 million for the charity.
Fans can further enhance their Ontario Honda Dealers Indy Toronto experience by purchasing a Paddock Pass, which grants access to the “locker room of motorsports.” Spectators looking to get even closer to the action can add a Pit Pass. For children ages 5-12, the Rookie Racers program offers behind-the-scenes experiences including access to the drivers and race cars.
Pricing starts at $85 for 2-Day General Admission for Saturday and Sunday. Fans planning on using public transportation can purchase a GO Combo ticket that includes a 2-Day General Admission ticket and two round-trip GO Transit fares to and from the event for $90 at hondaindy.com/promotions.
Bronze-level 2-Day Grandstand seating is available for $110. Silver and Gold levels are priced at $170 and $235, respectively. The Gold 2-Day Grandstand seat also includes a Paddock Pass ($80 value).
For full ticket pricing and 2025 event information and news, visit hondaindy.com or follow Ontario Honda Dealers Indy Toronto on social media using #indyTO.
Factory team refines Porsche 963 setup ahead of 24 Hours of Le Mans
Photo credit: Porsche Porsche Penske Motorsport used Sunday’s test day at the Circuit des 24 Heures to fine-tune its three factory 963 hybrid prototypes ahead of the 93rd 24 Hours of Le Mans. With temperatures just above 20 °C and light clouds, the team completed 194 laps—covering 2,643 km—across two three-hour sessions. Drivers reported a […]
Porsche Penske Motorsport used Sunday’s test day at the Circuit des 24 Heures to fine-tune its three factory 963 hybrid prototypes ahead of the 93rd 24 Hours of Le Mans. With temperatures just above 20 °C and light clouds, the team completed 194 laps—covering 2,643 km—across two three-hour sessions. Drivers reported a consistently balanced car after evaluating multiple setup options and testing new components.
“It was a very productive test day, during which we ticked off a full to-do list with all three cars,” said Urs Kuratle, director of factory racing LMDh. The team ran Michelin medium tyres throughout, anticipating warmer race-week conditions. “We wrapped up the day incident-free, and the drivers provided positive feedback,” added Jonathan Diuguid, managing director at Porsche Penske Motorsport.
Photo credit: Porsche
Formula E world champion Pascal Wehrlein turned his first laps on the 13.626 km circuit in the No. 4 Porsche 963, while reserve driver Nico Müller prepared in the sister No. 5 car. Customer squad Proton Competition also logged 60 laps in its own Porsche 963. In the LMGT3 class, Manthey’s Iron Dames entry (#85) covered 872 km and the No. 90 and No. 92 911 GT3 R cars completed a combined 133 laps, using the unique mix of permanent track and public roads.
Driver feedback was uniformly positive. Felipe Nasr praised progress on brake and body-part testing, Mathieu Jaminet noted room for fine-tuning against a tight field, and Kévin Estre highlighted insights gained despite a late red-flag interruption. Manthey drivers Rahel Frey, Antares Au and Riccardo Pera all reported smooth, incident-free runs and a solid baseline for race preparations.
No on-track action is scheduled for Monday or Tuesday. Free practice and qualifying begin Wednesday, and the 24-hour race starts Saturday, 14 June at 4 pm CEST. Coverage in Germany will air on Nitro and Eurosport, with live streaming via the FIA WEC and ACO apps.
Meanwhile, Kaden Honeycutt clocked in at 38.930 seconds (184.947 mph) for the Xfinity Fastest Lap award on lap 93 of Saturday’s NASCAR Craftsman Truck Series event. Honeycutt finished second in each of the first two stages on Saturday, but was forced to pit road after suffering damage in the late-race flurry of cautions, finishing 21st. […]
Meanwhile, Kaden Honeycutt clocked in at 38.930 seconds (184.947 mph) for the Xfinity Fastest Lap award on lap 93 of Saturday’s NASCAR Craftsman Truck Series event. Honeycutt finished second in each of the first two stages on Saturday, but was forced to pit road after suffering damage in the late-race flurry of cautions, finishing 21st.
Honeycutt is now seventh in the NASCAR Craftsman Truck Series standings, with eight top-10 finishes in 13 races. Stewart Friesen picked up the win in Saturday’s Truck Series event.
NASCAR driver, Michigan native Erik Jones embracing life on and off the track
NASCAR driver, Michigan native Erik Jones embracing life on and off the track – CBS Detroit Watch CBS News The one week of the season that Erik Jones gets to race in his home state, the 29-year-old driver for the No. 43 Toyota made time for not only another race, but to chat with CBS […]
NASCAR driver, Michigan native Erik Jones embracing life on and off the track – CBS Detroit
Watch CBS News
The one week of the season that Erik Jones gets to race in his home state, the 29-year-old driver for the No. 43 Toyota made time for not only another race, but to chat with CBS Detroit sports anchor Rachel Hopmayer about his new season of life on and off the track.
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
Determined Effort By Custer Ends Prematurely After Getting Collected in Michigan Crash – Speedway Digest
With the Xfinity Series off this weekend, Cole Custer carried the banner for the Haas Factory team during Cup Series racing at the 2-mile Michigan International Speedway. Making his sixth Cup Series start at Michigan, Custer rolled off 24th on Sunday. 41 Cole Custer – Recap Early in Stage One, Custer was faced with challenges, […]
With the Xfinity Series off this weekend, Cole Custer carried the banner for the Haas Factory team during Cup Series racing at the 2-mile Michigan International Speedway. Making his sixth Cup Series start at Michigan, Custer rolled off 24th on Sunday.
41 Cole Custer – Recap
Early in Stage One, Custer was faced with challenges, reporting that his No. 41 Ford was loose on entry and exit, with a hint of tightness in the center of the corners. The handling made it difficult to get back to the throttle quickly off the turns. Still, Custer and the team were undeterred. As Stage One ended the team worked to dial in the HaasTooling.com Ford. Adjustments, including a round of wedge, were made to help improve stability, and give Custer the ability to attack the turns.
As Stage Two began, Custer worked to overcome adversity, He found restarts especially challenging, due to a lack of grip while trying to re-enter the throttle zone. He described the car as being “out of the track” with minimal grip, though he noted the balance itself wasn’t far off – just lacking overall feel. Unfortunately, just as the team looked to regroup and regain track position, Custer was caught in a multi-car incident on lap 68. The crash ended Custer’s day early and brought a premature close to what had been a determined effort. Custer was officially credited with a 35th-place finish.
“I don’t exactly know what transpired to get us into that situation but it just seemed like we all just ran out of room,” said Custer. It’s really disappointing from the standpoint of we want to be on the up end of things with our team right now. We want to move in the right direction in the summer time. I like we are bringing better cars to the racetrack and getting more competitive but getting wrecked on days like this, definitely sets that back.”
Up Next
Autodromo Hermanos Rodriguez (Mexico City, Mexico)
Xfinity – Saturday June 14, 2025 @ 4:30pm on The CW
Cup — Sunday, June 15th, 2025 @ 3:00pm on Amazon Prime
