NASCAR has been dealt a blow in court, with Michael Jordan and Denny Hamlin's 23XI Racing and Front Row Motorsports (FRM) handed a big win in their ongoing lawsuit against the stock car racing series.
Last week, NASCAR filed for a show cause order in court, which would have seen both 23XI and FRM required to demonstrate why they should not be sanctioned for allegedly coordinating with drivers, their reps, and even sponsors to send emails to the teams raising concerns over their chartered status.
Last week, Jeffrey Kessler, the attorney representing 23XI and FRM, dismissed NASCAR's latest filing as just another distraction.
"This is yet another baseless distraction intended to try to divert the court's attention from the overwhelming evidence that Jim France and NASCAR have been operating an unlawful monopoly that has hurt not just my clients, but all of stock car racing," Kessler said in a statement.
Now, the judge in the case has seemingly agreed, denying NASCAR's show cause order motion and urging the teams to focus on the matter at hand.
"This is an important case that risks the fortunes of NASCAR and the Plaintiff race teams [23XI and FRM] and significantly impacts all the other companies and individuals who depend on their success (as well as legions of stock car racing fans)," Judge Bell said, via FOX Sports' Bob Pockrass.
"The Court is therefore focused on the merits of the Parties' antitrust claims. It would behoove all the Parties to do likewise.
"NASCAR's motion to show cause does not productively move this case forward.
Instead, it appears intended to play to the court of public opinion and perhaps color the Court's perception of the opposing Parties and counsel (while at a minimum distracting them from their own efforts)."
At its core, the lawsuit argues that NASCAR and its leadership have used anti-competitive practices to prevent fair competition in the sport and that the series, along with CEO Jim France, have operated without transparency.
This, 23XI and FRM allege, has stifled competition, and they also argue that the series controls stock car racing in ways that unfairly benefit them, at the expense of team owners, drivers, sponsors, partners and fans.
In a statement released at the time, 23XI wrote: “We share a passion for racing, the thrill of competition, and winning.
Michael Jordan is a co-owner of 23XI Racing
"Off the racetrack, we share a belief that change is necessary for the sport we love.
"Together, we brought this antitrust case so that racing can thrive and become a more competitive and fair sport in ways that will benefit teams, drivers, sponsors, and, most importantly, fans."
Elsewhere, 23XI co-owner Michael Jordan said: “Everyone knows that I have always been a fierce competitor, and that will to win is what drives me and the entire 23XI team each and every week out on the track.
"I love the sport of racing and the passion of our fans, but the way NASCAR is run today is unfair to teams, drivers, sponsors, and fans.
"Today’s action shows I’m willing to fight for a competitive market where everyone wins.”
The lawsuit is scheduled to be heard in court on December 1.