Court deals setback to Jordan’s lawsuit against NASCAR

A federal judge on Friday denied a motion by two NASCAR teams — including one owned by basketball star Michael Jordan — to be recognized as chartered teams as they proceed in an antitrust lawsuit against the stock car series and chairman Jim France.

The motion was signed by federal district Judge Frank Whitney in Charlotte at the moment that NASCAR executives were giving their annual “State of the Sport” address at Phoenix Raceway in Avondale Arizona.

The decision came down just hours before Cup cars hit the track for the first practice session of the sport’s championship weekend.

Jeffrey Kessler, the top antitrust lawyer in the country, indicated after Monday’s hearing in Charlotte that the plaintiffs can immediately appeal the ruling.

At issue is that 23XI and Front Row Motorsports refused to sign a take-it-or-leave-it charter agreement presented to teams by NASCAR in September just 48 hours before the playoffs began. The offers came after more than two years of negotiations between NASCAR and its teams; 13 of 15 organizations signed the deal.

23XI Racing and Front Row Motorsports declined to sign and have accused NASCAR of being “monopolistic bullies” in what is essentially a revenue-sharing agreement between the sanctioning body and its teams.

23XI and Front Row have asked for things to remain status quo as their antitrust case proceeds because the new charters that begin in 2025 prevent teams from suing NASCAR. Kessler asked that the teams be released from that clause for the duration of the lawsuit.