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.”
— NASCAR Wire Service —
NASCAR, 23XI Racing, and Front Row Motorsports are pleased to announce a mutually agreed-upon resolution that delivers long-term stability and creates the conditions for meaningful growth for all teams in a more competitive environment.
This resolution reflects our shared commitment to maintaining a fair and equitable framework for long-term participation in America’s premier motorsport, one that supports teams, partners, and stakeholders while ensuring fans enjoy uninterrupted access to the best racing in the world. The agreement allows all parties to move forward with a unified focus on advancing stock car racing and delivering exceptional competition for our fans.
With this matter now resolved, all parties look forward to working together, alongside all chartered race teams, to deliver world-class events, dynamic sponsorship and partner activation opportunities, and continued growth for generations to come.
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. The financial terms of the settlement are confidential and will not be released.
What all parties have always agreed on is a deep love for the sport and a desire to see it fulfill its full potential. This is a landmark moment, one that ensures NASCAR’s foundation is stronger, its future is brighter, and its possibilities are greater. We extend our sincere thanks to Judge Kenneth Bell and mediator Jeffrey Mishkin for their professionalism, and guidance throughout this process and to their jury for their time.
Quotes
Michael Jordan, Co-Owner, 23XI Racing
From the beginning, this lawsuit was about progress. It was about making sure our sport evolves in a way that supports everyone: teams, drivers, partners, employees, and fans. With a foundation to build equity and invest in the future and a stronger voice in the decisions ahead, we now have the chance to grow together and make the sport even better for generations to come. I’m excited to watch our teams get back on the track and compete hard in 2026.
Denny Hamlin, Co-Owner, 23XI Racing
I’ve cared deeply about the sport of NASCAR my entire life. Racing is all I’ve ever known, and this sport shaped who I am. That’s why we were willing to shoulder the challenges that came with taking this stand. We believed it was worth fighting for a stronger and more sustainable future for everyone in the industry. Teams, drivers, and partners will now have the stability and opportunity they deserve. Our commitment to the fans and to the entire NASCAR community has never been stronger. I’m proud of what we’ve accomplished, and now it is time to move forward together and build the stronger future this sport deserves.
Bob Jenkins, Owner, Front Row Motorsports
After more than 20 years in this sport, today gives me real confidence in where we’re headed. I love this sport, and it was clear we needed a system that treated our teams, drivers, and sponsors fairly and kept the competition strong. With this change, we can finally build long-term value and have a real voice in NASCAR’s future. I’m excited for the road ahead—for the people in the garage, the folks in the stands, and everyone who loves this sport.
Curtis Polk, Co-Owner, 23XI Racing
My goal as a member of the Team Negotiating Committee was to help create an economic model that would create a more sustainable model for teams and create a more equitable and transparent system within NASCAR. This settlement achieves significant progress toward the Four Pillars. The result brings NASCAR and the chartered teams into better alignment and supports future growth and sustainability for all stakeholders and a better sport for the fans.
Jim France, CEO & Chairman, NASCAR
This outcome gives all parties the flexibility and confidence to continue delivering unforgettable racing moments for our fans, which has always been our highest priority since the sport was founded in 1948. We worked closely with race teams and tracks to create the NASCAR charter system in 2016, and it has proven invaluable to their operations and to the quality of racing across the Cup Series. Today’s agreement reaffirms our commitment to preserving and enhancing that value, ensuring our fans continue to enjoy the very best of stock car racing for generations to come. We are excited to return the collective focus of our sport, teams and racetracks toward an incredible 78th season that begins with the Daytona 500 on Sunday, Feb. 15, 2026.
— NASCAR —
NASCAR has reached a settlement of the bruising antitrust lawsuit filed against it by two of its race teams, including one co-owned by NBA great Michael Jordan.
The Thursday settlement was announced following a lengthy delay on the ninth day of the trial in federal court. Details were not immediately released.
— Associated Press —
NASCAR and the two organizations suing it, Front Row Motorsports and the Michael Jordan-owned 23XI Racing, reached a settlement agreement, an attorney said in court Thursday, ending the antitrust case the race teams brought against the league and its chairman and CEO, Jim France.
“I’m pleased to say the parties have positively settled this matter in a way that will benefit the industry going forward,” Jeffrey Kessler, attorney for the teams, said.
— The Athletic —
Below is a statement from Rick Hendrick, owner of Hendrick Motorsports, regarding today’s agreement between NASCAR, 23XI Racing and Front Row Motorsports.
“Millions of loyal NASCAR fans and thousands of hardworking people rely on our industry, and today’s resolution allows all of us to focus on what truly matters – the future of our sport. For more than 40 years, NASCAR racing has been my passion. I believe deeply in what we can accomplish when we work together. This moment presents an important opportunity to strengthen our relationships and recommit ourselves to building a collaborative and prosperous future for all stakeholders. I’m incredibly optimistic about what’s ahead. When our industry is united, there’s no limit to how far we can go or how much we can grow the sport we love.”
Roger Penske statement on today’s settlement:
“Today’s settlement is tremendous news for the industry. We are stronger together as a sport and the agreement today allows all of us to focus on what’s important, the continued growth of NASCAR. The sport has never been more competitive and today’s resolution provides the entire industry with a platform that strengthens our business and allows us to continue to entertain our millions of passionate fans in a unified way.”
For more information and details, see this list of media members covering the trail from court. Reddit also has a daily mega-thread for developments.
For previous posts and information, see the 2024 Antitrust Lawsuit page.