NASCAR seeks new mediator in
antitrust suit as Michael Jordan's 23XI Racing pushes back
[October 08, 2025]
By JENNA FRYER
CHARLOTTE, N.C. (AP) — NASCAR has asked a federal court for a
judicial settlement conference so that an independent judge can
mediate the antitrust suit filed by Michael Jordan-owned 23XI Racing
and Front Row Motorsports.
The two teams pushed back in their own late Monday night filing that
it wants to continue working with mediator Jeffrey Mishkin, the
former executive vice president and chief legal officer of the NBA
who has been negotiating between the two sides this year.
“Mr. Mishkin has invested a great deal of time learning this case
and meeting with the parties,” 23XI and Front Row said in the
filing. "Plaintiffs have thus requested that NASCAR continue to
engage with them via Mr. Mishkin or to make a settlement offer
directly to Plaintiffs’ counsel, but NASCAR has not responded to
those requests and instead filed this motion.
“It seems NASCAR is not happy with the diagnosis and wants to seek a
second opinion.”
The teams argued Mishkin “has significant expertise in complex,
sports-related antitrust disputes and has served as an arbitrator or
mediator for the international Court of Arbitration for Sport, the
America’s Cup, FIFA, and the NFL, among others.”
The teams also argue that “starting over” with a new mediator is
"less likely, not more likely, to lead to resolution."
The dueling motions come as NASCAR seeks a summary judgement to
dismiss the case before the scheduled Dec. 1 start of trial. A
hearing on that motion is scheduled for Oct. 21.
At issue is the protection of the charter system that is at the
heart of NASCAR’s business model and the focal point of the court
fight. The charter system is NASCAR’s version of a franchise model.
A charter guarantees owners spots in the field, a base amount of
revenue each year, and according to NASCAR, has created more than
$1.5 billion in equity value for its teams since 2016.
A year ago, 13 of the 15 teams re-signed when they believed two-plus
years of negotiations would not lead to a better deal. 23XI,
co-owned by Jordan and three-time Daytona 500 winner Denny Hamlin,
and Front Row Motorsports, owned by entrepreneur Bob Jenkins, went
to court instead.
For months, the other 13 teams have privately complained that the
lawsuit is creating uncertainty over the future of NASCAR. Mishkin
has made no progress toward a settlement and NASCAR now wants a
federal judge other than U.S. District Judge Kenneth Bell, who is
presiding over the case, to hear both sides and advise on a
resolution.
[to top of second column] |
CEO and Chairman of NASCAR Jim France, right, along with the
Executive Vice President of NASCAR Lesa Kennedy announce the
Landmark Award to Edsel Ford II the Hall of Fame induction ceremony
in Charlotte, N.C. Jan. 31, 2020. (AP Photo/Mike McCarn, File)
Most of the top teams in NASCAR last week submitted
declarations calling for a settlement and protection of the charter
system, which NASCAR noted in its Monday night filing to the U.S.
District Court for the Western District of North Carolina.
“The parties’ readiness to resolve this matter, along with the
interests of others in the sport and the Court to see this case
resolved, suggest a judicial settlement conference would be a
meaningful way to facilitate a settlement," NASCAR wrote.
Both sides have shown a willingness to talk, but no progress has
been made.
Through a judicial settlement conference, NASCAR hopes to bring in a
judge who can help direct the talks and offer insight into how a
jury might interpret the complex NASCAR antitrust case.
The court must approve NASCAR’s request.
All sides have said they are open to settlement, including Jordan,
who also added after an August hearing he was willing to take it to
trial if necessary.
“I look forward to going down with the fire. If I have to fight this
to the end, for the betterment of the sport, I will," he said
outside federal court. "We’ve always been open to a settlement.
Always have been. We’ve never taken that off the table.”
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