There was a glimmer of hope that this round of court-ordered mediation might finally get results after past talks fizzled. Back in August, 23XI Racing, Front Row Motorsports, and NASCAR met in New York with sports legal authority Jeffrey Mishkin at the helm, but no deal came out of it.

NASCAR had asked the court to shake things up, pushing for a mediation overseen by Judge Kenneth Bell himself, while the teams stubbornly wanted to stick with Mishkin. In true ‘let’s meet halfway’ fashion, Bell issued a compromise: both parties would go back to mediation, but this time in the judge’s courtroom with him watching over every word.

The October 21 settlement conference, which stretched into the next day, ended without a truce on both sides, who are still sinking their teeth into the fight. Add to that the summary judgment that followed on 23rd October, and it’s fair to say that a lot went down. Both parties declined to comment back then, but Denny Hamlin isn’t keeping it under wraps anymore.

Denny Hamlin doesn’t hold back on the mediation attempts

23XI Racing’s co-owner, Denny Hamlin, got extremely real about the behind-the-scenes. According to The Athletic’s Jordan Bianchi, the 44-year-old said, “It was OK the first day, not great the second day. Didn’t end in any resolution, unfortunately. … Both sides probably feel strongly about their case. I think one of us is on a suicide mission.”

There’s some truth to his logic. As things stand, 23XI Racing/Front Row Motorsports and NASCAR are holding their ground like a dog refusing to let go of a bone. And about the summary judgment, Judge Bell was cautious about giving an early ruling, claiming it could sway the jury ahead of December’s trial. Even so, the motions were heard on Thursday morning.

However, failing to reach a settlement doesn’t mean the discussions weren’t useful, as it is common for parties to wait until summary judgment decisions before making a deal. NASCAR has asked Judge Bell to dismiss the case and rule in its favor, arguing that team owners have alternative opportunities in motorsports and that NASCAR has increased payouts to teams under the charter agreements.

Meanwhile, the two teams have filed their own motion for summary judgment, seeking a ruling, rather than leaving it to a jury. The teams have argued that NASCAR is violating antitrust regulations by controlling the first payout, owning most of the tracks, managing Cup car pricing through single-source suppliers, and preventing teams from working with rival series.

Judge Bell wasn’t expected to rule on the summary judgment immediately. Thursday’s 3.5-hour hearing concluded without a verdict, with the judge stating he would issue his ruling in the next few weeks. At the outset, they acknowledged both sides for their diligence and good-faith attempt to settle. He then set November 12 as the date to hear pre-trial motions and expert fitness disputes ahead of the December 1 trial.

But amid talks about those three days, 23XI Racing couldn’t control their emotions through the court hearings, especially Michael Jordan.

Michael Jordan was left laughing in disbelief at the courtroom hearings

Denny Hamlin may have given an insight into the hearings, but Michael Jordan’s lawyer refused to do so. But Jordan’s expressions were enough, as the 23XI co-owner was left laughing in disbelief at portions of testimony during Thursday’s antitrust lawsuit hearing.

For a long time, judges and industry leaders have warned that prolonged court battles could harm all parties and destabilize the NASCAR charter system. Despite ongoing mediation efforts, no settlement has been reached, and the case is moving toward trial later this year.

Thursday marked the latest chapter in the bitter dispute between the two teams and NASCAR. Jordan, the NBA legend, couldn’t help cracking up at some of the testimony. But those reasons aren’t revealed.

Jeffrey Kessler, attorney for the two teams, said afterward, “Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are – retaliatory bullies who would rather focus on personal attacks and distract from the facts. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.”

NASCAR, meanwhile, is urging the judge to dismiss the lawsuit entirely. The hearing focused on the league’s effort to limit potential damages claimed by 23XI and Front Row Motorsports. NASCAR also accused the teams of attempting to manipulate other teams and engaging in “classic cartel behavior,” arguing the claims stem from receiving less than expected under charter extensions signed late last year. But with both parties standing their ground, only time and Judge Bell’s verdict will reveal which side ultimately wins.