23XI, Front Row lawsuit against NASCAR reassigned to new judge

A new judge has been assigned to 23XI and Front Row’s lawsuit against NASCAR. Per Bob Pockrass of Fox Sports, the case has been reassigned to Judge Kenneth D. Bell. This means that Judge Frank D. Whitney, who issued the preliminary injunction ruling, is no longer assigned to the case.

“No idea why the change in judges,” Pockrass wrote in a post on X. “Judge Whitney had said he would recuse himself b/c NASCAR lead local attorney worked for him as a clerk for more than a decade (the attorney also offered to leave the case) but 23XI/FRM said not necessary and they were good with Judge Whitney.

Pockrass added while this might not be the reason, Judge Whitney had some history with Michael Jordan, the co-owner of 23XI. Whitney was a prosecutor in the Slim Boulder cast in 1992, and Jordan was called as a defense witness in the case. Jordan’s testimony was less than nine minutes.

NASCAR wants the lawsuit against 23XI and Front Row dismissed

The changes of judges come a week after NASCAR filed a motion to dismiss the lawsuit filed against 23XI and Front Row. “Plaintiffs’ Complaint is a misguided attempt to dress up private business frustrations in antitrust garb,” the sanctioning body said. “Plaintiffs bring claims barred by the statute of limitations and laches; they fail to plead any reduction in competition, meaning they do not have the required antitrust injury to establish antitrust standing; and they aim to renegotiate contractual terms rather than address genuine anticompetitive behavior. Plaintiffs’ claims should be dismissed.”

The lawsuit was filed by 23XI and Front Row after opting not to sign NASCAR’s final charter agreement at Atlanta Motor Speedway in September. They were the only teams to not signed the agreement, accusing NASCAR CEO Jim France of “unlawful monopolization of premier stock car racing in order to enrich themselves at the expense of the premier stock car racing teams.”

“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,” Jordan said in a statement made in October, per Newsweek. “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.”