CHARLOTTE, N.C. — NASCAR went before a federal judge Wednesday and asked for the antitrust suit filed against the stock car series to be dismissed. If it proceeds, however, NASCAR has asked that the two teams suing be ordered to post a bond to cover fees they would not be legally owed if they lose the case against the sanctioning body.
NASCAR also asked U.S. District Judge Kenneth Bell of the Western District of North Carolina to dismiss chairman Jim France as a defendant in the suit filed by 23XI Racing — a team co-owned by Joe Gibbs Racing driver Denny Hamlin, six-time NBA champion Michael Jordan and Curtis Polk, a longtime adviser to the retired basketball legend — and Front Row Motorsports, which is owned by entrepreneur Bob Jenkins.
Bell promised a fast ruling but indicated he was unlikely to dismiss the suit when he closed the 90-minute hearing by saying “this case is going to be tried this year and deserves to be tried this year.” The calendar he set when he received the case last month calls for a December trial.
Bell replaced Judge Frank Whitney after Whitney heard the first round of arguments in early November. The teams went before Whitney and asked to be recognized as chartered teams this year as the suit progresses. Whitney denied the motion.
The teams appealed, though, and the case was transferred to Bell, who overruled Whitney and granted an injunction that will allow 23XI and Front Row to compete with charter recognition throughout the 2025 Cup Series season. That led NASCAR to request the teams post a bond to cover all the payouts they will receive as chartered teams as collateral in case the teams lose in court.