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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.

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Canes win series, spoil Markstrom 49-save outing

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Canes win series, spoil Markstrom 49-save outing

After the New Jersey Devils saw their season end in double overtime Tuesday night, goaltender Jacob Markstrom wanted to express his frustration via his stick. He thought about boomeranging it to the boards. Instead, he swung it hard against his goalpost, breaking it in half.

Sebastian Aho‘s goal at 4:17 of the second overtime in Game 5 gave the Carolina Hurricanes a 5-4 win and a 4-1 series victory over the Devils. It was the first puck Markstrom had fly by him in 37 consecutive shots on goal, dating to the second period. That included 18 saves he made in overtime, as Carolina marauded a short-handed and exhausted Devils defense but couldn’t solve the 35-year-old goalie.

“That was one of the better goaltending performances that I’ve witnessed,” Hurricanes coach Rod Brind’Amour said of Markstrom, who finished with 49 saves. “He let in a few early that he’d like to have back. But once he got dialed in, you’re thinking it’ll have to bank off somebody, because we’re not beating him.”

Markstrom’s frustration wasn’t just with the overtime goal. The Devils built a 3-0 lead in the first period. Carolina scored three times in the first 5:40 of the second period to erase it. New Jersey responded with a Nico Hischier goal, only to have Aho knot the score at 4 moments later.

“We put up four goals on the road,” Markstrom said. “We should have brought it home. It should have been enough.”

But as his teammates noted, Markstrom’s effort in the overtimes should have been enough to win Game 5.

“We were under siege. He was outstanding. We were reeling,” coach Sheldon Keefe said.

“He played unbelievable. Marky kept us in that first overtime,” Hischier said. “I feel bad for him because he battled his ass off.”

Markstrom was acquired by the Devils last offseason in a high-profile deal with the Calgary Flames that was intended to fix the team’s goaltending, which ranked 30th in 2023-24. He won 26 times in 49 games with a .900 save percentage and a 2.50 goals-against average. He was outstanding, for the most part, in the playoffs: .911 save percentage and a 2.78 goals-against average in five games.

But Markstrom couldn’t overcome two things in the postseason for the Devils. The first were their injuries. Already without star center Jack Hughes, who had season-ending shoulder surgery, the Devils saw defensemen Luke Hughes, Johnathan Kovacevic and Brenden Dillon leave the series with injuries, with defensemen Jonas Siegenthaler and Dougie Hamilton playing at less than 100%.

“We had a few guys go down in the series. A few guys step up and battle. We’ve got to get better. We don’t like the result,” forward Timo Meier said.

The other factor was the Devils special teams. Their power play was officially 0-for-15. Their penalty kill allowed six goals on 19 Carolina power plays.

“That’s why we lost the series for sure. We couldn’t get the power play going. That’s on those guys, including me, that are on the ice. That’s definitely frustrating,” Hischier said.

But the Devils gutted out the series, pushing Carolina to double overtime in an elimination game despite those deficiencies.

“There’s a lot of will in this room,” Markstrom said. “It sucks right now.”

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DeGrom gets 1st win in 2 years as Rangers rip A’s

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DeGrom gets 1st win in 2 years as Rangers rip A's

ARLINGTON, Texas — Everything came together in the same game for two-time Cy Young Award winner Jacob deGrom and the Texas Rangers batters.

Texas had a much-needed offensive breakout while deGrom struck out seven over six scoreless innings for his first win in more than two years, though he had pitched well enough to win in several other starts this season.

“When was the last one, ’23? Yeah, it’s been a while,” deGrom said after the Rangers’ 15-2 win over the Athletics on Tuesday night.

“He earned it. He had great stuff tonight, he kept us on our toes,” second baseman Marcus Semien said. “We were just talking about how the time of possession was. You know, we were hitting for a long time and he’s getting quick outs. So usually that’s a good recipe.”

The 36-year-old deGrom (1-1) had gone 737 days since also beating the A’s on April 23, 2023, then made only one more start in his debut season with Texas before Tommy John surgery.

He scattered four singles and didn’t walk a batter in a 65-pitch outing (47 strikes). It was only that short since the right-hander didn’t return after an eight-run outburst in the Rangers sixth that matched their previous season high for runs in an entire game and put them up 12-0.

So just how efficient was deGrom? The right-hander honestly thought he was “probably in the 70s or something to 80,” as did catcher Jonah Heim.

“A lot a strikeouts that I feel like he just overpowered a lot of hitters, which is who he is. He’s got that electric fastball,” Heim said.

“My mechanics were pretty good,” said deGrom, a meticulous worker who was feeling good after a side session the day before the game. “I’m constantly trying to perfect it and get in the best positions that I can get based on performance and health.”

Texas entered the night last in the majors with 91 runs scored, and only 12 combined the previous six games. DeGrom had gotten only nine runs of support in his first five starts.

The Rangers snapped a three-game losing streak while setting season highs for runs, hits (18) and walks (nine). They had three bases-clearing doubles in the same game for the first time in team history – Adolis García and Wyatt Langford each had one during a four-batter stretch in that big sixth, and Kyle Higashioka added his three-run double in the eighth.

Their offensive outburst came after the full squad was required to be on the field for batting practice before the game.

“Good to see you guys break out and have a good game. … Some success, it’s contagious,” manager Bruce Bochy said. “You’re hoping this is something these guys can build on, build some confidence.”

For deGrom, he improved to 3-1 with a 2.55 ERA in his 15 starts for the Rangers since signing a $185 million, five-year contract in December 2022. He is 85-58 in 224 career starts, the first 209 with the New York Mets from 2014-2022.

“He was really good tonight. You know, I said when season started, it’s just going to get better with him as he builds up his strength and stamina,” Bochy said. “Really good command tonight, really good stuff. And it’s just getting better with him.”

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Yanks make history by again opening with 3 HRs

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Yanks make history by again opening with 3 HRs

BALTIMORE — The New York Yankees became the first team in major league history to open a game with three consecutive home runs more than once in a season when Trent Grisham, Aaron Judge and Ben Rice went deep off Baltimore‘s Kyle Gibson in the first inning Tuesday night.

New York started the bottom of the first of its March 29 game against Milwaukee with three homers in a row. In that game, Paul Goldschmidt, Cody Bellinger and Judge needed only three pitches to hit three homers.

The Yankees added a fourth home run later in the first inning of both that game and Tuesday’s game, making them the first team to belt four in the first inning twice in a season.

On Tuesday night, the Yankees hit three of the game’s first five offerings out to right field.

“Grish got it going for us and set the tone for us early on,” Judge said after the 15-3 win. “When he goes up there and … sends one to Eutaw Street, it’s pretty impressive and gets you going.”

It was an ugly return to the majors for the 37-year-old Gibson, who made 30 starts for the St. Louis Cardinals last season before Baltimore signed him to a $5.25 million, one-year contract in late March. He’d been working in the minors since then before being called up before Tuesday’s game. He was finally pulled with two outs in the fourth after allowing nine runs and 11 hits.

“He gave up four homers in the first inning. That’s kind of a telling sign,” Orioles manager Brandon Hyde said. “At that point I’m just trying to figure out how we’re going to get through the game.”

After Rice’s home run made it 3-0, Gibson retired Goldschmidt on a grounder before Bellinger also homered. Anthony Volpe‘s RBI double made it 5-0 before the first inning was over.

Rice homered again in the second to make it 6-0. Austin Wells hit New York’s final home run — all six came with nobody on — with two outs in the ninth.

“It just shows that we’ve got a lot of depth in the lineup,” Rice said.

Not all the news was great for the Yankees, however. Jazz Chisholm Jr. left the game with right flank discomfort in the first inning.

Chisholm, who is hitting .181 with seven home runs this season, appeared to have hurt himself while he was batting. After being checked on, he stayed at the plate and hit a double, advancing to third on an error by right fielder Ramon Laureano.

Chisholm said he wasn’t worried about needing to go on the injured list.

“I’m really not as concerned as everybody else,” Chisholm said. “I tore my oblique before. I know it’s not torn or anything.”

The Associated Press and ESPN Research contributed to this report.

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