23XI, Front Row lawyer Jeffrey Kessler gives latest on NASCAR lawsuit after hearing

Today there was a hearing in the NASCAR lawsuit regarding motions to dismiss the case as well as a motion to make 23XI and Front Row post bond. Attorney Jeffrey Kessler, representing the teams, gave an update on the situation after the hearing.

Judge Kenneth Bell heard oral arguments in person today regarding the motions. However, Judge Bell did not produce a ruling on either point, deciding instead to weigh the arguments and make a written decision later.

While the court didn’t say much today, Jeffrey Kessler did speak to the media. Matt Weaver of Sportsnaut was on the scene at the courthouse today. He spoke to Kessler briefly after the hearing.

“Good. We’re happy to have our day in court as always,” Kessler said in reference to the judge setting a 12/1/2025 trial date. “We look to moving forward with the case. Very happy to hear the judge say that the trial date is going to happen no matter what, not going to move, and that’s exactly what we want.”

Jeffrey Kessler is right to feel good about the trial date. If Judge Bell had intent to dismiss the NASCAR lawsuit, that date would not be so set in stone. The court made it clear that it will be flexible with the schedule, but not the trial date for 12/1.

Jeffrey Kessler does not expect NASCAR lawsuit to be dismissed

While speaking to the media, Kessler expressed that he does not expect a dismissal. He has been at the forefront of sports anti-trust law in recent years. If he feels confident about it, I can’t argue with him.

“I am very hopeful that he will not but I do not believe it likely that this case will be dismissed,” the attorney continued.

Kessler was asked about comments the judge made. Judge Bell didn’t like how 23XI and Front Row’s side had spoken to the media. That small scolding doesn’t seem to bother Kessler. He is more than happy to move on from the name calling earlier in the case.

“No, no. I respect 100% what the judge says and we’ll always take that into account and proceed accordingly,” Kessler said shortly before walking away from the media scrum.

So, this is another development. Having the trial date reinforced today by the judge is likely the biggest news item. Hearing Kessler talk, the Plaintiffs appear confident. Whether that confidence lasts is up in the air.