“NASCAR wants to (but cannot) have it differently on each side of the same coin — heads we win, tails you lose.” This was Judge Kenneth D. Bell’s cutting statement in a NASCAR lawsuit hearing earlier this month. It marked a loss for NASCAR, as the sanctioning body countered its own stance in defining its marketplace. While the final trial is still two weeks away, the earlier hearing may have set the stage for it.

Since October 2024, Michael Jordan’s 23XI Racing and Bob Jenkins’ Front Row Motorsports have been engaged in a courtroom battle with NASCAR. And the objectives of their lawsuit involve making a deep impact on Jim France’s sport – something that may come to pass, according to an insider.

The NASCAR lawsuit is ready to derail the system

In a recent video on Kenny Wallace’s YouTube channel, John Roberts asked Jordan Bianchi a pressing question. If NASCAR loses the lawsuit, what will happen? The Athletic reporter replied, “They could theoretically be ordered to sell the tracks that they own. The judge could theoretically rip up the charter agreement. “

Bianchi went on to say, “Now, he (Judge Bell) may institute some other level of a charter system, but he also could just say, ‘This charter system’s gone. You’re going to have to start from scratch.’ If that’s the case, the teams that have paid many millions of dollars for charters would theoretically be out of that money. And that could potentially impact TV contracts.”

Since last year, Michael Jordan‘s faction has been trying to prove that NASCAR holds the power in “premier stock car racing”. One of the ways in which Jim France and Co. exercise this power is through the charter system. Charters, valued anywhere from $30 million to $50 million apiece, come with guarantees in revenue and starting spots in races. And the hearing in early November was a significant blow for the sanctioning body in this regard. The jury trial is scheduled to begin Dec. 1 in Charlotte, North Carolina.

And then Jordan Bianchi painted a picture of the alternative outcome. The NASCAR lawsuit may end up in Michael Jordan and Co.’s defeat, and the consequences are no prettier. “It’s fair to say that those teams are likely not going to be around anymore. They’re out of their six charters, which they have paid millions of dollars for, and those they will be reimbursed for that. I believe they would be reimbursed for that, but they would be effectively out of the business…Both teams have said that if we don’t have charters, we’re not going to race. And so NASCAR then is going to lose two teams.”

Therefore, the clock is ticking for the NASCAR lawsuit. Judge Bell has repeatedly urged the parties to settle before Dec. 1, saying the potential ramifications of a trial could be detrimental for all involved, including the case winner. And NASCAR is already preparing for the aftermath.

No visible end to the tussle

The NASCAR lawsuit has divulged several bitter moments between both sides. Ranging from revealing controversial text messages to personal attacks on individual entities, the animosity has been great. So Jordan Bianchi is not so keen on the possibility of a settlement. “All being said, you would hope that cooler heads will prevail and that they will come to a settlement. But I’ve been saying that for the last year since this lawsuit was filed, and here we are, about three weeks away from the trial date, and we still have no settlement. So, I have no idea.”

What’s more, NASCAR is already preparing for the worst outcome, signaling further bitter exchanges. Should it lose the trial, Jim France would appeal to the U.S. Court of Appeals for the 4th Circuit.

Its statement read, “NASCAR looks forward to proving that it became the leading motorsport in the United States through hard work, risk-taking, and many significant investments over the past 77 years. The antitrust laws encourage this, and NASCAR has done nothing anticompetitive in building the sport from the ground up since 1948. … NASCAR believes in the charter system and will continue to defend it from 23XI and Front Row’s efforts to claim that the charter system itself is anticompetitive.”

Clearly, the journey ahead is going to be a long and rocky one for the NASCAR lawsuit. Let’s wait and see how it all unfolds.