Team Lawyer Fires Back at NASCAR After Hearing: “We’re going to trial to hold NASCAR accountable”

What’s Happening?

Following Thursday’s hearing for a summary judgment in the ongoing lawsuit between 23XI Racing/Front Row Motorsports and NASCAR, the team’s lawyer, Jefferey Kessler, addressed NASCAR in a fiery statement vowing to “hold NASCAR accountable.”

23XI/FRM attorney Jeffrey Kessler and NASCAR attorney Chris Yates as they leave the courthouse today after summary judgment hearings. They await the rulings in next two weeks: @NASCARONFOX pic.twitter.com/1hgGlJEzQh

— Bob Pockrass (@bobpockrass) October 23, 2025

On Thursday morning, representatives from 23XI Racing, Front Row Motorsports, and NASCAR appeared in court for a hearing on summary judgment motions, including:

• One to define NASCAR’s market of operation as “premier stock-car racing.”
• Another motion, filed by the teams, that would throw out a March 5 countersuit from NASCAR that claims teams and 23XI co-owner Curtis Polk “embarked on a strategy to threaten, coerce, and extort NASCAR into meeting their demands for better contract and financial terms.”
• Finally, another motion for summary judgment, from NASCAR, that would throw out the October 2, 2024, antitrust lawsuit altogether, ruling in NASCAR’s favor.

A summary judgment would rule on these motions without a full trial taking place. While Judge Kenneth D. Bell did not rule on any of the requests today, a decision on each will be made as the two sides prepare for their December 1 trial date, almost one month to the day after the conclusion of the 2025 season.

While exiting the court, neither side had much to say, with 23XI Racing and Front Row Motorsports lawyer Jeffery Kessler telling the media, “We think we made our case very well.” Per reports, a decision on these motions is expected in the coming weeks.

Though his intensity on the matter increased in a statement released shortly after, with Kessler affirming that they will fight in court for what they deem is “a fair and competitive sport for all.”:

“My clients’ goal has always been to provide opportunities for growth and stability for every team and they remain steadfast advocates for a fairer, stronger sport. Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are – retaliatory bullies who would rather focus on personal attacks and distract from the facts. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.” — Jeffery Kessler

This statement, which reiterates the team’s intention to pursue this matter in court, follows a week of hope for many of those on the outside looking in. On Tuesday and Wednesday, representatives of the team and NASCAR met for a settlement conference requested by NASCAR, which was granted on October 8, and overseen by Judge Bell.

This was the first real traction on a settlement for the two parties in some time, and, after day one, things looked optimistic, with the two parties returning to the negotiating table on Wednesday. However, this conference, much like the first round of settlement talks, has fallen apart.

While a settlement has yet to occur and may still do so, December 1 continues to loom for both sides and the NASCAR community as a whole. We have extensively covered all aspects of this lawsuit via the timeline linked below.

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