By Reid Spencer, NASCAR Wire Service
CHARLOTTE, N.C.—Moments after Judge Kenneth D. Bell announced a settlement agreement and dismissed the jury Thursday in the case of “23XI Racing and Front Row Motorsports v. NASCAR,” the healing already had begun.
NASCAR president Steve O’Donnell was smiling as he slapped Michael Jordan on the back. The co-owner of 23XI, one of the plaintiffs in the case, smiled back and the two men—adversaries in the antitrust litigation just a day earlier—talked pleasantly for a moment.
In a joint statement issued after the settlement was reached, NASCAR and the two race teams indicated that a form of evergreen charters, a major issue during the trial, would become a reality.
“As a condition of the settlement agreement, NASCAR will issue an amendment to existing charter holders detailing the updated terms for signature, which will include a form of ‘evergreen’ charters, subject to mutual agreement,” according to the statement. “The financial terms of the settlement are confidential and will not be released.”
After negotiations that lasted two-and-a-half years, 13 NASCAR Cup Series teams signed the 2025 charter agreement. Front Row and 23XI did not and ultimately filed the antitrust litigation that went to trial on Dec. 1.
Under Wednesday’s settlement, 23XI and Front Row will retain their charters.
Roughly 40 minutes after Bell thanked the jury for its service and told the nine jurors that the trial was over, the opposing parties stood together on the Western District of North Carolina courthouse steps to talk about the settlement.
“Like two competitors, obviously we try to get as much done in each other’s favor,” Jordan said, “but I think, collectively, and I don’t think (NASCAR chairman and CEO) Jim (France) was any opposite of me, the fans have always been the best solution to this whole problem and to the sport itself.
“The only way—and I’ve said this from day one—the only way this sport’s going to grow is that we have to find some synergy between the two entities. I think we’ve gotten to that point. Unfortunately, it took 16 months to get here, but I think level heads have got us to this point to where we can actually work together and grow the sport.
“I’m very proud about that, and I think Jim feels the same.”
“I do feel the same,” France responded. “We can get back to focusing on what we really love, and that’s racing. We’ve spent a lot of time not really focused on that so much as we need to be.
“I feel like we’ve made a very good decision here together, and we have a big opportunity to keep growing the sport. We’ve got (23XI co-owner) Denny Hamlin getting ready to go for a championship, and we need to focus on what we all love.”
Asked what the impetus was that brought the parties to agreement on the ninth day of the trial, Jordan replied, “Level heads. In all honesty, when you get to the finish line sometimes, you have to think not just for yourself, but you’ve got to think about the sport as a whole.
“And I think both parties got to that point, and we realized that we could have an opportunity to settle this, and we dove in and we actually did it. Unfortunately, it took us that long, but we got here, and that’s all that matters.”
Though he didn’t discuss specifics of the agreement, Hamlin clearly was pleased with the result.
“I feel like everything within this settlement is going to grow the sport,” Hamlin said. “And it’s going to be better for everyone—no doubt about it.”
Early Thursday morning, it was clear that the ninth session of the trial would not be like the preceding eight. The video screens that display court documents on either side of the courtroom were nowhere to be seen.
Plaintiffs lead attorney Jeffrey Kessler huddled with Hamlin, Jordan, Front Row owner Bob Jenkins and 23XI co-owner Curtis Polk on the left side of the courtroom. Soon thereafter, NASCAR outside counsel John Stephenson conferred with France and NASCAR executive vice chair Lesa France Kennedy.
Later, Bell entered the courtroom, called for the jurors and immediately dismissed them after telling them, “We need an hour so we can save you several hours.”
The resolution took longer than that, as lawyers for the parties prepared the settlement agreement.
Finally, NASCAR outside counsel Lawrence E. Buterman produced the document, and Bell began to read.
“Have the parties agreed to settle all issues before the jury?” Bell asked. The respective lawyers affirmed the agreement.
Bell then summoned the jurors for the final time, thanked them for their service and told them the case was over.
Bell concluded with the statement that “I wish we could’ve done this two months ago (during a settlement conference). I believe this is great for NASCAR, great for the future of NASCAR, great for the entity of NASCAR, great for the teams and ultimately great for the fans.”
