And the battle rages on. After Federal Judge Kenneth D. Bell granted 23XI Racing and Front Row Motorsports security in the Cup Series for 2025 by approving the preliminary injunction, the NASCAR lawsuit has entered a new chapter. NASCAR delivered the first blow in this new stage in early March by filing a countersuit. What stood out was NASCAR targeting Curtis Polk, 23XI Racing co-owner and Michael Jordan’s long-time business partner, as the ‘orchestrator’ of the ‘plot.’ However, Michael Jordan’s team has thundered back.
NASCAR alleged that Polk was actively convincing other teams on the grid to boycott races. The governing body also claims that Polk’s actions harmed its reputation during media rights negotiations. Soon after NASCAR alleged a conspiracy “to weaponize the antitrust laws to achieve their goals,” the plaintiffs issued a warning. Michael Jordan stated that the attacks on Curtis Polk, his long-time manager, would be considered personal. And now, the counterattack on NASCAR has come.
Michael Jordan alleges that NASCAR is scrambling
Well, when you are in a desperate state, you tend to scramble for solutions. When NASCAR dropped the new charter agreement last September, it never expected dissent. Instead, not one but two Cup Series teams held out of signing the deal and lodged a lawsuit in October. In this process, 23XI Racing and FRM risked losing the 36 guaranteed Cup race spots along with other financial incentives. But after being assured of their job security in December, the teams comfortably settled into offense mode. With the federal court having already spoken on Michael Jordan’s behalf, NASCAR feels uneasy. The options out of this lawsuit seem to be running out – and that is what Jordan’s counterattack claims.
In response to NASCAR’s countersuit in early March, Jeffrey Kessler, 23XI and FRM attorney, drafted a counterclaim. It basically deflates the sanctioning body’s heated accusations, as journalist Jenna Fryer reported on X. “In a counterclaim to #NASCAR suing 23XI and Front Row, the claim states “NASCAR’s retaliatory counterclaim is an act of desperation that cannot withstand a motion to dismiss. it does not allege the facts necessary to state a claim.”
In a counterclaim to #NASCAR suing 23XI and Front Row, the claim states “NASCAR’s retaliatory counterclaim is an act of desperation that cannot withstand a motion to dismiss. it does not allege the facts necessary to state a claim.”
— Jenna Fryer (@JennaFryer) March 26, 2025
Instead, Michael Jordan‘s side puts forward the claim that NASCAR is indulging in what it does best. The first part of the lawsuit stated that NASCAR engages in ‘monopolistic practices’ in the sport. Similarly, Kessler’s counterclaim indicates that the sport is still harnessing its exclusive power to harass the teams. Fryer further wrote, “The counterclaim also says: “NASCAR is using the counterclaim to engage in litigation gamesmanship, with the transparent objective of intimidating the other teams by threatening them with severe consequences if they support Plaintiffs’ challenge to the unlawful NASCAR monopoly.”
The flaring accusations against Curtis Polk were also addressed. NASCAR had pinpointed him as the mastermind of this battle who tried to thwart the Daytona 500 qualifying races with a boycott. Michael Jordan’s counterclaim vehemently denies this: “There is no allegation that such a threatened boycott of qualifying races ever took place.” The filing also adds, “The counterclaim allegations instead show each racing team individually determining whether or not to agree to NASCAR’s demands through individual negotiations — the opposite of a conspiracy.”
Additionally, Michael Jordan’s attorney also defended Front Row Motorsports. NASCAR also specifically targeted this team, which accompanied 23XI Racing in the lawsuit.
Trying to shave off the edges
When the Race Team Alliance first came into being, several team owners were a part of it. Besides Curtis Polk, it also involved Joe Gibbs Racing president Dave Alpern, RFK Racing president Steve Newmark, and Hendrick Motorsports vice chairman Jeff Gordon. They conducted charter negotiations with NASCAR for two-plus years. But when push came to shove, 13 out of 15 teams folded under pressure from the sanctioning body to either sign the new deal or dissolve. So when 23XI Racing and FRM decided to stand out, Michael Jordan was at the crux of it. The six-time NBA champion is closely familiar with sports lawsuits, having faced one earlier when he was in the NBA after they banned his signature Air Jordans for their red and black color scheme.
So, instead of targeting Michael Jordan, NASCAR is instead trying to corner his partners. Bob Jenkins, the owner of Front Row Motorsports, became an easy target for NASCAR in its countersuit. But in the counterclaim, Jeffrey Kessler firmly asked for FRM to be dismissed from this as “NASCAR does not allege any specific conduct by Front Row or its owners or employees to support a claim that it participated in the alleged conspiracy.”
The filing continued, “The other allegations in the counterclaim against Front Row are all entirely conclusory or improper group pleading that seeks to lump in Front Row with 23XI Racing, Mr. Polk, and “others,” while never identifying what — if anything — Front Row Motorsports itself has done to purportedly participate in the alleged conspiracy.”
Evidently, Michael Jordan is not going to back out easily. As the legal battle rages on between Jordan and NASCAR, let us see what climax lies on the horizon.
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