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AVONDALE, Ariz. — A federal judge on Friday denied a motion by two NASCAR teams — one owned by NBA Hall of Famer Michael Jordan — to be recognized as chartered teams as they proceed in an antitrust lawsuit against the stock car series and chairman Jim France.

The motion was signed by federal judge Frank Whitney of the U.S. District Court of Western North Carolina in Charlotte at the same time NASCAR executives were giving their annual “State of the Sport” address at Phoenix Raceway.

NASCAR president Steve Phelps opened the address by noting that series officials have not discussed negotiations over charters in the more than two-year process and would not start now.

“I know people are frustrated about that,” Phelps said. “We are not going to negotiate in the media about charters, ever. And we are very happy that 32 of the 36 charters were extended because those were race teams that, where the deal that was put on the table for them, the primary big win for the race teams was money.

“I won’t go into what the money split looks like, but what I will say is that the amount of money, it now puts the race teams, starting in ’25, as the single largest beneficiary of our media deal. And we did that because the race teams were upside down financially.”

The court decision came down just hours before Cup cars hit the track for the first practice session of championship weekend. Tyler Reddick, who drives for the Jordan-owned 23XI Racing, is one of four drivers who can win the title in Sunday’s winner-take-all finale at Phoenix.

When the ruling came out and NASCAR was informed as executives sat on the stage at Phoenix Raceway, NASCAR chief operating officer Steve O’Donnell quipped: “You can’t make it up, for the timing” as he and Phelps declined comment on the injunction.

Antitrust lawyer Jeffrey Kessler indicated after Monday’s hearing in Charlotte that the plaintiffs can immediately appeal the ruling.

“We are pleased with the court’s decision to expedite discovery and fast track the schedule in our case against NASCAR,” Kessler said in a statement. “Although we are disappointed that the preliminary injunction was denied without prejudice and as premature, which we intend to appeal, this denial has no bearing on the merits of our case.

“My clients will move forward to race in 2025 and fight for a more fair and equitable system in NASCAR that complies with antitrust laws.”

At issue is that both 23XI and Front Row Motorsports refused to sign a take-it-or-leave-it charter agreement presented to teams by NASCAR in September just 48 hours before the playoffs began. The offers came after more than two years of negotiations between NASCAR and its teams, and 13 of 15 organizations signed the deal.

23XI Racing and Front Row Motorsports declined to sign and have accused NASCAR of being “monopolistic bullies” in what is essentially a revenue-sharing agreement between the sanctioning body and its teams.

NASCAR has since rescinded the offers on charter extensions to 23XI and Front Row. Their current charters expire at the end of the calendar year.

The two teams are free to operate as “open” teams, but the lack of chartered protection denies them an equal share of revenue, a guaranteed spot in the field for races and other provisions under the charter agreements.

23XI and Front Row have asked for things to remain status quo as their antitrust case proceeds because the new charters that begin in 2025 prevent teams from suing NASCAR. Kessler asked that the teams be released from that clause for the duration of the lawsuit.

In his ruling, the judge found that Kessler failed to demonstrate that 23XI and Front Row “will face irreparable harm through several avenues.”

Kessler had argued that the plaintiffs asserted they will risk losing sponsors while competing as open teams because the sponsors “could abandon [them] if they … do not qualify for all of their races.”

For instance, Kessler said 23XI’s sponsorship agreements require that each sponsored car runs in every Cup Series race, so failure to qualify for a race could reduce the amount of sponsorship money it receives.

The plaintiffs also alleged they will risk the loss of their drivers if their cars are not chartered. Kessler said 23XI driver Reddick is permitted to terminate his contract with the team if there is no charter for his car.

Kessler also argued racing as open teams “could threaten [their] continued existence” as both teams alleged they will lose substantial amounts of revenue without charters. The plaintiffs alleged they may lose goodwill with fans and sponsors if they fail to qualify for a race.

But Whitney wrote that a plaintiff seeking a preliminary injunction must “demonstrate that irreparable injury is likely in the absence of an injunction” and a showing of the “possibility of irreparable harm” is not sufficient.

Furthermore, Whitney wrote “the required irreparable harm must be neither remote nor speculative, but actual and imminent.” He said “although Plaintiffs have alleged that they will face a risk of irreparable harm, they have not sufficiently alleged present, immediate, urgent irreparable harm, but rather only speculative, possible harm. That is, although Plaintiffs allege they are on the brink of irreparable harm, the 2025 racing season is months away — the stock cars remain in the garage.”

“Plaintiffs have not alleged that their business cannot survive without a preliminary injunction,” Whitney said. “Instead, they allege that their businesses may not survive without a preliminary injunction.”

Whitney found that Kessler did not meet the burden as required for a preliminary injunction, but if circumstances change, plaintiffs may file a renewed motion for a preliminary injunction. The teams were given a deadline of Dec. 2 to respond.

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Jury dismissed in Canadian sexual assault case

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Jury dismissed in Canadian sexual assault case

LONDON, Ontario — The judge handling the trial of five Canadian hockey players accused of sexual assault dismissed the jury Friday after a complaint that defense attorneys were laughing at some of the jurors.

Ontario Superior Court Justice Maria Carroccia will now handle the high-profile case on her own.

The issue arose Thursday after one of the jurors submitted a note indicating that several jury members felt they were being judged and laughed at by lawyers representing one of the accused as they came into the courtroom each day. The lawyers, Daniel Brown and Hilary Dudding, denied the allegation.

Carroccia said she had not seen any behavior that would cause her concern, but she concluded that the jurors’ negative impression of the defense could impact the jury’s impartiality and was a problem that could not be remedied.

Michael McLeod, Dillon Dube, Carter Hart, Cal Foote and Alex Formenton were charged with sexual assault last year after an incident with a then-20-year-old woman that allegedly took place when they were in London for a Hockey Canada gala celebrating their championship at that year’s world junior tournament. McLeod faces an additional charge of being a party to the offense of sexual assault.

All have pleaded not guilty. None of them is on an NHL roster or has an active contract with a team in the league.

The woman, appearing via a video feed from another room in the courthouse, has testified that she was drunk, naked and scared when men started coming into a hotel room and that she felt she had to go along with what the men wanted her to do. Prosecutors contend the players did what they wanted without taking steps to ensure she was voluntarily consenting to sexual acts.

Defense attorneys have cross-examined her for days and suggested she actively participated in or initiated sexual activity because she wanted a “wild night.” The woman said that she has no memory of saying those things and that the men should have been able to see she wasn’t in her right mind.

A police investigation into the incident was closed without charges in 2019. Hockey Canada ordered its own investigation but dropped it in 2020 after prolonged efforts to get the woman to participate. Those efforts were restarted amid an outcry over a settlement reached by Hockey Canada and others with the woman in 2022.

Police announced criminal charges in early 2024, saying they were able to proceed after collecting new evidence they did not detail.

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Margie’s Intention wins muddy Black-Eyed Susan

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Margie's Intention wins muddy Black-Eyed Susan

BALTIMORE — Margie’s Intention outran Paris Lily in the stretch to win the Black-Eyed Susan by three-quarters of a length Friday.

The 1 1/8-mile race for 3-year-old fillies was delayed around an hour because of a significant storm that passed over Pimlico, darkening the sky above the venue. Margie’s Intention, the 5-2 favorite at race time, had little difficulty on the sloppy track with Flavien Prat aboard.

Paris Lily started impressively and was in front in the second turn, but she was eventually overtaken by Margie’s Intention on the outside.

Kinzie Queen was third.

Morning line favorite Runnin N Gunnin finished last in the nine-horse field.

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Betting the 2025 Preakness Stakes: What you need to know to make a smart race wager

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Betting the 2025 Preakness Stakes: What you need to know to make a smart race wager

The 150th running of the Preakness won’t have the fanfare of previous years.

There will be no Triple Crown on the line and no rematch of the 1-2 finishers in the Kentucky Derby after trainer Bill Mott elected to point Sovereignty toward the Belmont and bypass the Preakness.

Just three horses who ran in the Kentucky Derby will run in the Preakness on Saturday — Journalism, who finished second to Sovereignty, American Promise (16th) and Sandman (seventh). Nine horses will enter the race, including several newcomers to the Triple Crown trail.

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While a Kentucky Derby winner skipping the Preakness is a rarity over the history of the race, it’s become more common in recent years. Country House, who won the 2019 Kentucky Derby after Maximum Security was disqualified, was not entered into the race by Mott due to a cough. Other ailments ended his career early and he never raced again.

Rich Strike was not entered in the 2022 Preakness and neither was 2021 winner Mandaloun, who was not declared the official winner of the Kentucky Derby until Medina Spirit was officially disqualified after failing a postrace drug test.

The modern order of the Triple Crown races, with the Kentucky Derby first and the Belmont last, was established permanently in 1932, with some exceptions. Notable Kentucky Derby winners who skipped the second leg are: Grindstone (1996, career-ending injury), Spend a Buck (1985), Gato Del Sol (1982), Tomy Lee (1959), Swaps (1955), Determine (1954), Hill Gail (1952), Count Turf (1951) and Lawrin (1938).

This will be the final Preakness run at Pimlico for several years, as the 155-year-old track is set to undergo renovations for the next several years, including the replacement of the current grandstand for a smaller version. The Preakness will move to Laurel Park until renovations are complete.

Betting the Preakness

by Katherine Terrell

What’s the big draw now that the Kentucky Derby winner is out of the race? Journalism, who went off as the betting favorite in the race, gets a chance for redemption.

While putting Journalism on top of our Kentucky Derby bets didn’t quite pan out, he’s certainly going to be a worthy, and heavy, favorite in this race. Don’t take his second-place finish as a knock on his talent — he’s the most accomplished horse in this field.

What about Sandman, who drew significant attention in the Kentucky Derby due to his name? Sandman was named after the Metallica Song “Enter Sandman,” and the band recently posted a video cheering him on ahead of the Preakness.

Sandman’s trainer Mark Casse said the horse had tender feet going into his last race, causing him to sport glue-on shoes, but he has since been switched back to normal horseshoes. Sandman is a closer, meaning he would need a fast pace up front to be able to pass tiring horses and win this race.

Some of the more intriguing newcomers are Goal Oriented, trained by Bob Baffert and Steve Asmussen trainee Clever Again. Both are lightly raced, and bettors who are looking for better odds than Journalism provides might hope one of these two horses takes a step forward.

That’s the same situation as Gosger, who is 20-1 on the morning line but recently won the Grade III Lexington Stakes. He will also have to take a step forward or hope Journalism runs poorly off two weeks rest.

Journalism can sit back off the pace and hope the leaders get into a speed duel, a possibility with a lot of speed in the race. Either way, he’ll be a tough favorite to bet.

About the above chart: A Beyer number is a ratings system for speed during races. Some think horses need at least one race where they run a 95 Beyer number or over to be competitive in the Derby. Many of these horses have races where they’ve run over a 100 Beyer number or better.

The logical bet: Journalism to win (8-5) but will require a large bet to get a decent return.

The slightly better odds bet: Clever Again to win (5-1)

Two suggested bets:

  • Exacta box: Journalism/Clever Again

  • Trifecta: Journalism over Clever Again over River Thames, Gosger.

Best plays

by Anita Marks

No. 2 Journalism (8-5) is favored and rightfully so. He ran a great race in the Derby, but Sovereignty was just the better horse that day. With such a small field (nine horses), along with his pedigree, Journalism should dominate.

Other horses I fancy in the Preakness:

Clever Again (5-1) is a unique animal with a lot of talent. I believe he is the second-best horse in the race. Son of American Pharaoh — who won the Triple Crown — and trained by Steve Asmussen, an excellent trainer. He is super fast, is in great form and is training well.

Goal Oriented (6-1): A Bob Baffert horse. and will have one of the best jockeys on his back in Flavien Prat. He has the speed to come out of the No. 1 post and will be sent hard. Son of Not This Time and was the winner of a 1 1/16-mile race on the Kentucky Derby undercard. This will be his third race.

Preakness Plays:

  • To win or place: Clever Again

  • Exacta box: Goal Oriented, Journalism, Clever Again

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