Looks like Michael Jordan and Co. aren’t going down without a fight. Even though the odds are stacked against them, their preliminary injunction being denied, and talks of a settlement looming large in the background, 23XI Racing and Front Row Motorsports have decided to take the bull by the horns. In a surprising twist to the NASCAR lawsuit, they’ve issued a scathing response to the sanctioning body’s motion for summary judgment, going as far as to say that the “disputed facts…must go to trial.”

The plaintiffs haven’t just tossed NASCAR’s olive branch aside; they’ve doubled down on their stance ahead of the scheduled December 2025 trial. Could this prove to be the turning point for the so-called rebellion, which has repeatedly suffered one setback after another? Time will tell.

The NASCAR lawsuit takes an unexpected twist

Few have taken on NASCAR and lived to tell the tale. The France family has been ruling the sport with an iron fist for decades, choosing to do things their own way despite the relentless pressure from stakeholders. But in a surprising turn of events, filings this week revealed that the sanctioning body has been pushing for a judge-mediated sit-down. This means that, in simple terms, they don’t want the ongoing mess to go through a trial.

But 23XI Racing and Front Row Motorsports are not having it.

A statement shared by FOX’s Bob Pockrass read, “Much of the motion appears to be written exclusively for the press, as counsel for NASCAR surely knows that the arguments they are presenting are not a basis for granting summary judgment. Stock car racing is a sport, but litigation is not. NASCAR’s tired retread of arguments this Court has repeatedly rejected should be disposed of quickly.”

What this means is that 23XI and Front Row believe that NASCAR pays below-market terms to premier stock car racing teams, harming the value of the charters. Teams also don’t have the flexibility to race their vehicles in other stock car racing events because of the agreement with the sanctioning body. And even the racetracks owned by the France family can’t host other events, which circles back to the point about NASCAR’s “monopolistic practices.”

However, the majority of the garage would prefer a settlement between the two parties. The reason is simple. For the 13 teams that put pen to paper in last year’s charter agreement, the entire NASCAR ecosystem is at stake. Team owner Joe Gibbs even issued an open letter to the court, going as far as to say, “It’s important for this to be resolved before any real damage is done to the sport.” However, the likelihood of an ‘agreement’ is slim to none under the current circumstances.

Judge Bell warns about the danger of going to trial

The NASCAR world isn’t the only one calling for a settlement to be reached. U.S. District Judge Kenneth Bell has also issued a stern warning, highlighting the dangers of going to trial. The possible outcomes could be 23XI and Front Row ceasing to exist, being forced to leave the sport entirely, or the charter system being completely overhauled. And neither outcome is particularly favorable to either party.

Judge Kenneth Bell didn’t mince his words, bluntly saying, “Until the jury comes back and we start talking — and only if they find for the plaintiffs, and we start talking about equitable remedies — nobody knows what ’26 is going to look like. Sponsors don’t know, drivers don’t know, broadcasters don’t know. Because if plaintiffs prevail, NASCAR is going to look very different. And that’s a lot of uncertainty for everybody.”

But despite it all, the plaintiffs’ antitrust attorney Jeffrey Kessler has doubled down, saying, “NASCAR’s new motion changes nothing and we look forward to presenting our case at trial on December 1.” The stakes are high, with Denny Hamlin and Co., as well as NASCAR, fighting for their survival. Do you think both parties will settle before the trial date, or will there be a showdown in court at the end of the year? Let us know in the comments!