23XI, Front Row want countersuit to be dismissed
CHARLOTTE, N.C. — The two teams suing NASCAR over antitrust allegations said Wednesday in a filing that a countersuit against 23XI Racing, Front Row Motorsports and Michael Jordan’s manager is “an act of desperation” and asked that it be dismissed.
NASCAR’s countersuit contends that Jordan business manager Curtis Polk “willfully” violated antitrust laws by orchestrating anticompetitive collective conduct in connection with the most recent charter agreements.
23XI and Front Row were the only two organizations out of 15 that refused to sign the new agreements, which were presented to the teams last September in a take-it-or-leave-it offer 48 hours before the start of NASCAR’s playoffs.
The charters were fought for by the teams ahead of the 2016 season and twice have been extended. The latest extension is for seven years to match the current media rights deal and guarantee 36 of the 40 spots in each week’s field to the teams that hold the charters, as well as other financial incentives. 23XI — co-owned by Jordan — and Front Row refused to sign and sued, alleging NASCAR and the France family that owns the stock car series are a monopoly.
Wednesday’s filing claims that NASCAR’s counterclaim is “retaliatory” and “does not allege the facts necessary to state a claim.”
“NASCAR is using the counterclaim to engage in litigation gamesmanship, with the transparent objective of intimidating the other racing teams by threatening them with severe consequences if they support Plaintiffs’ challenge to the unlawful NASCAR monopoly,” the response says.
23XI and Front Row have requested NASCAR’s counterclaim be dismissed because it “fails at the threshold because it does not allege facts plausibly showing a contract, combination or conspiracy in restraint of trade.
“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.”
The filing also defends Polk, who was specifically targeted in NASCAR’s counterclaim as the mastermind of the contentious two-year battle between the teams and the stock car series. NASCAR claimed in its countersuit that Polk threatened a team boycott of Daytona 500 qualifying races, but the teams argued Wednesday “there is no allegation that such a threatened boycott of qualifying races ever took place.”
“None of NASCAR’s factual claims fit into the very narrow categories of blatantly anti-competitive agreements that courts summarily condemn as per se unlawful,” the teams said.
Jordan, through a spokesperson, sent word to The Associated Press that Polk speaks for him and the NBA icon views any attack on Polk as “personal.”
NASCAR’s attorney has warned that a consequence of the 23XI and Front Row lawsuit could lead to the abolishment of the charter system outright — NASCAR argues it would be a consequence and not what NASCAR actually wants to do — and that 23XI first made this personal by naming NASCAR chairman Jim France in the original antitrust lawsuit.
The teams struck back at the threat to eliminate the charter system in Wednesday’s filing. It alleges it is an empty threat meant to scare the 13 organizations that did sign the charter agreements.
The claim also says Front Row should be dismissed from NASCAR’s countersuit because “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 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.”
There is no deadline for a judge’s decision.
NEW YORK — Right-hander reliever Adam Ottavino is returning to the New York Yankees, agreeing Tuesday to a one-year contract.
A 39-year-old sidearmer, Ottavino agreed to a minor league contract with Boston on Feb. 18 and exercised his right to be released on March 23 after compiling a 10.80 ERA in five spring training appearances.
He was 2-2 with one save and a 4.34 ERA in 60 relief appearances for the New York Mets last year, stranding 15 of 20 inherited runners.
Ottavino pitched for the Yankees in 2019 and ’20, going 8-8 with a 2.76 ERA in 97 relief appearances. He is 41-43 with 46 saves and a 3.49 ERA in 14 big league seasons with St. Louis, Colorado (2012-18), the Yankees (2019-20), Boston (2021) and the Mets (2022-24).
The Yankees transferred right-hander JT Brubaker to the 60-day injured list and placed closer Devin Williams on the paternity list.
The NHL began handing out the Presidents’ Trophy to the team with the best regular-season record beginning in the 1985-86 campaign. In its history, it has been awarded 37 times to 18 clubs.
Those teams have been anything but a shoo-in to win the Stanley Cup, however. Just two clubs in the salary cap era (since 2005-06) have won the Presidents’ Trophy and hoisted the Stanley Cup: the 2007-08 Detroit Red Wings and the 2012-13 Chicago Blackhawks. Two of the past six Presidents’ Trophy winners have lost in the first round.
So, that’s the challenge ahead for whomever claims the trophy this season. At this juncture, it appears to have been whittled down to one of two teams: the Winnipeg Jets (with 106 points through 74 games) or the Washington Capitals (103 through 73).
The Capitals will face off against the Boston Bruins on Tuesday (7 p.m. ET, ESPN+), while the Jets will take on the Los Angeles Kings (10:30 p.m. ET, ESPN+).
From an overall strength of schedule standpoint, the Jets have a more difficult route. According to Stathletes, the win percentage of their remaining opponents is 51.3%, which is 12th toughest. Compare that to 47.3% — the 28th toughest — for the Capitals.
Despite that, Stathletes gives Winnipeg the edge, projecting the Jets for 115.9 points and the Caps for 114.7. It appears this race will come down to the very end!
There are less than three weeks left until season’s end on April 17, and we’ll help you track it all with the NHL playoff watch. As we traverse the final stretch, we’ll provide details on all the playoff races, along with the teams jockeying for position in the 2025 NHL draft lottery.
Note: Playoff chances are via Stathletes.
Jump ahead:
Current playoff matchups
Today’s schedule
Yesterday’s scores
Expanded standings
Race for No. 1 pick
Current playoff matchups
Eastern Conference
A1 Toronto Maple Leafs vs. WC1 Ottawa Senators
A2 Tampa Bay Lightning vs. A3 Florida Panthers
M1 Washington Capitals vs. WC2 Montreal Canadiens
M2 Carolina Hurricanes vs. M3 New Jersey Devils
Western Conference
C1 Winnipeg Jets vs. WC2 St. Louis Blues
C2 Dallas Stars vs. C3 Colorado Avalanche
P1 Vegas Golden Knights vs. WC1 Minnesota Wild
P2 Los Angeles Kings vs. P3 Edmonton Oilers
Tuesday’s games
Note: All times ET. All games not on TNT or NHL Network are available to stream on ESPN+ (local blackout restrictions apply).
Washington Capitals at Boston Bruins, 7 p.m.
Florida Panthers at Montreal Canadiens, 7 p.m.
Buffalo Sabres at Ottawa Senators, 7 p.m.
Nashville Predators at Columbus Blue Jackets, 7 p.m.
Tampa Bay Lightning at New York Islanders, 7:30 p.m. (ESPN+/Hulu/Disney+)
Detroit Red Wings at St. Louis Blues, 8 p.m.
Calgary Flames at Utah Hockey Club, 9 p.m.
Edmonton Oilers at Vegas Golden Knights, 10 p.m.
San Jose Sharks at Anaheim Ducks, 10 p.m.
Winnipeg Jets at Los Angeles Kings, 10:30 p.m.
Monday’s scoreboard
New Jersey Devils 3, Minnesota Wild 2 (SO)
Philadelphia Flyers 2, Nashville Predators 1
Calgary Flames 3, Colorado Avalanche 2 (SO)
Dallas Stars 3, Seattle Kraken 1
Expanded standings
Atlantic Division
Points: 94
Regulation wins: 37
Playoff position: A1
Games left: 8
Points pace: 104.2
Next game: vs. FLA (Wednesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 91
Regulation wins: 37
Playoff position: A2
Games left: 9
Points pace: 102.2
Next game: @ NYI (Tuesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 91
Regulation wins: 35
Playoff position: A3
Games left: 9
Points pace: 102.2
Next game: @ MTL (Tuesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 84
Regulation wins: 30
Playoff position: WC1
Games left: 9
Points pace: 94.4
Next game: vs. BUF (Tuesday)
Playoff chances: 99.8%
Tragic number: N/A
Points: 77
Regulation wins: 25
Playoff position: WC2
Games left: 9
Points pace: 86.5
Next game: vs. FLA (Tuesday)
Playoff chances: 44%
Tragic number: N/A
Points: 74
Regulation wins: 26
Playoff position: N/A
Games left: 9
Points pace: 83.1
Next game: @ STL (Tuesday)
Playoff chances: 2.9%
Tragic number: 16
Points: 69
Regulation wins: 23
Playoff position: N/A
Games left: 8
Points pace: 76.5
Next game: vs. WSH (Tuesday)
Playoff chances: 0.1%
Tragic number: 9
Points: 68
Regulation wins: 25
Playoff position: N/A
Games left: 9
Points pace: 76.4
Next game: @ OTT (Tuesday)
Playoff chances: 0.1%
Tragic number: 10
Metro Division
Points: 103
Regulation wins: 40
Playoff position: M1
Games left: 9
Points pace: 115.7
Next game: @ BOS (Tuesday)
Playoff chances: 100%
Tragic number: N/A
Points: 94
Regulation wins: 40
Playoff position: M2
Games left: 9
Points pace: 105.6
Next game: vs. WSH (Wednesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 87
Regulation wins: 35
Playoff position: M3
Games left: 6
Points pace: 93.9
Next game: vs. NYR (Saturday)
Playoff chances: 99.6%
Tragic number: N/A
Points: 77
Regulation wins: 32
Playoff position: N/A
Games left: 8
Points pace: 85.3
Next game: vs. MIN (Wednesday)
Playoff chances: 27.8%
Tragic number: 17
Points: 75
Regulation wins: 23
Playoff position: N/A
Games left: 10
Points pace: 85.4
Next game: vs. NSH (Tuesday)
Playoff chances: 17.1%
Tragic number: 19
Points: 74
Regulation wins: 25
Playoff position: N/A
Games left: 9
Points pace: 83.1
Next game: vs. TB (Tuesday)
Playoff chances: 8.7%
Tragic number: 16
Points: 71
Regulation wins: 20
Playoff position: N/A
Games left: 7
Points pace: 77.6
Next game: @ STL (Thursday)
Playoff chances: 0.1%
Tragic number: 9
Points: 71
Regulation wins: 20
Playoff position: N/A
Games left: 6
Points pace: 76.6
Next game: @ MTL (Saturday)
Playoff chances: ~0%
Tragic number: 7
Central Division
Points: 106
Regulation wins: 40
Playoff position: C1
Games left: 8
Points pace: 117.5
Next game: @ LA (Tuesday)
Playoff chances: 100%
Tragic number: N/A
Points: 102
Regulation wins: 40
Playoff position: C2
Games left: 8
Points pace: 113.0
Next game: vs. NSH (Thursday)
Playoff chances: 100%
Tragic number: N/A
Points: 94
Regulation wins: 38
Playoff position: C3
Games left: 7
Points pace: 102.8
Next game: @ CHI (Wednesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 88
Regulation wins: 33
Playoff position: WC1
Games left: 7
Points pace: 96.2
Next game: @ NYR (Wednesday)
Playoff chances: 93.4%
Tragic number: N/A
Points: 87
Regulation wins: 30
Playoff position: WC2
Games left: 7
Points pace: 95.1
Next game: vs. DET (Tuesday)
Playoff chances: 95.5%
Tragic number: N/A
Points: 78
Regulation wins: 25
Playoff position: N/A
Games left: 8
Points pace: 86.4
Next game: vs. CGY (Tuesday)
Playoff chances: 0.5%
Tragic number: 8
Points: 62
Regulation wins: 23
Playoff position: N/A
Games left: 8
Points pace: 68.7
Next game: @ CBJ (Tuesday)
Playoff chances: 0%
Tragic number: E
Points: 51
Regulation wins: 18
Playoff position: N/A
Games left: 8
Points pace: 56.5
Next game: vs. COL (Wednesday)
Playoff chances: 0%
Tragic number: E
Pacific Division
Points: 98
Regulation wins: 42
Playoff position: P1
Games left: 9
Points pace: 110.1
Next game: vs. EDM (Tuesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 91
Regulation wins: 36
Playoff position: P3
Games left: 9
Points pace: 102.2
Next game: vs. WPG (Tuesday)
Playoff chances: 99.9%
Tragic number: N/A
Points: 89
Regulation wins: 30
Playoff position: P2
Games left: 9
Points pace: 100.0
Next game: @ VGK (Tuesday)
Playoff chances: 99.5%
Tragic number: N/A
Points: 82
Regulation wins: 26
Playoff position: N/A
Games left: 9
Points pace: 92.1
Next game: @ UTA (Tuesday)
Playoff chances: 7.9%
Tragic number: 14
Points: 81
Regulation wins: 26
Playoff position: N/A
Games left: 8
Points pace: 89.8
Next game: vs. SEA (Wednesday)
Playoff chances: 3.3%
Tragic number: 11
Points: 72
Regulation wins: 23
Playoff position: N/A
Games left: 9
Points pace: 80.9
Next game: vs. SJ (Tuesday)
Playoff chances: 0%
Tragic number: 4
Points: 68
Regulation wins: 25
Playoff position: N/A
Games left: 7
Points pace: 74.4
Next game: @ VAN (Wednesday)
Playoff chances: 0%
Tragic number: E
Points: 49
Regulation wins: 14
Playoff position: N/A
Games left: 9
Points pace: 55.0
Next game: @ ANA (Tuesday
Playoff chances: 0%
Tragic number: E
Note: An “x” means that the team has clinched a playoff berth. An “e” means that the team has been eliminated from playoff contention.
Race for the No. 1 pick
The NHL uses a draft lottery to determine the order of the first round, so the team that finishes in last place is not guaranteed the No. 1 selection. As of 2021, a team can move up a maximum of 10 spots if it wins the lottery, so only 11 teams are eligible for the No. 1 pick. Full details on the process are here. Matthew Schaefer, a defenseman for the OHL’s Erie Otters, is No. 1 on the draft board.
Points: 49
Regulation wins: 14
Points: 51
Regulation wins: 18
Points: 62
Regulation wins: 23
Points: 68
Regulation wins: 25
Points: 68
Regulation wins: 25
Points: 69
Regulation wins: 23
Points: 71
Regulation wins: 20
Points: 71
Regulation wins: 20
Points: 72
Regulation wins: 23
Points: 74
Regulation wins: 25
Points: 74
Regulation wins: 26
Points: 75
Regulation wins: 23
Points: 77
Regulation wins: 32
Points: 78
Regulation wins: 25
Points: 81
Regulation wins: 26
Points: 82
Regulation wins: 26
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