CHARLOTTE, N.C. — Two NASCAR teams, one owned by NBA Hall of Famer Michael Jordan, on Tuesday argued to a federal judge why the organizations still should be issued a preliminary injunction to be recognized as chartered organizations until their antitrust suit against the stock car racing series is finished.

The 11-page filing in U.S. District Court for the Western District of North Carolina was in response to NASCAR notifying Judge Kenneth Bell it would not redistribute any charters to new participants while the case heads toward its Dec. 1 court date. NASCAR’s backtrack Friday came one day after an acrimonious hearing that included the disclosure of expletive-laden emails and text messages from Jordan and other high-profile litigants.

23XI Racing, the team owned by Jordan and three-time Daytona 500 winner Denny Hamlin, and Front Row Motorsports, owned by entrepreneur Bob Jenkins, are suing NASCAR over antitrust claims regarding the charter system. A charter is the equivalent of a franchise and guarantees chartered cars both a spot in the 40-car field each week, as well as a significantly larger chunk of payouts.

NASCAR last September, after more than two years of contentious negotiations, presented teams with its final offer on charter extensions; 13 organization signed the agreements, but 23XI and Front Row refused.

The two teams initially won a preliminary injunction to be recognized as chartered for this season until a jury verdict on the antitrust allegations. That was overturned, and 23XI and FRM are currently competing as “open” teams. NASCAR wants the money back the teams were paid during the portion of the season they were chartered.

The teams also have appealed to have the chartered status reinstated, but NASCAR argued in court last week it has an interested buyer for one of the six charters previously held by 23XI and FRM, and it plans to immediately begin redistributing the charters. NASCAR backtracked after Thursday’s hearing, and a ruling on the preliminary injunction is expected to come from Bell this week.

NASCAR maintains that in holding off on redistributing charters, 23XI and FRM are no longer in danger of suffering irreparable harm. The teams countered Tuesday the threat still exists “because of the risk of breach claims from their irreplaceable drivers and loss of sponsors in the absence of charter rights.”

Tyler Reddick of 23XI has a clause in his contract that says the team would be in breach if his Toyota is not chartered. Jeffrey Kessler, the attorney for the two teams, indicated in court that Reddick has notified 23XI it is in breach.

Kessler also argued that NASCAR agreeing not to redistribute any charters now “does not moot Plaintiffs’ Motion for Preliminary Injunction or eliminate Plaintiffs’ irreparable harm if no relief is provided.”

The 13 teams that are chartered are becoming frustrated with the case — Bell warned last week the entire charter system is in danger of imploding if a settlement is not reached — and the non-suing teams believe their valuations are being harmed by the litigation.

Dan Towriss, the majority owner of the Spire Motorsports’ NASCAR team, as well as owner of Cadillac F1, Andretti Global and other motorsports properties, said he was “very disappointed with the direction” the lawsuit has taken.

“We had meetings with the NASCAR brass a few weeks ago and it’s ‘How can we help?'” Towriss said at last weekend’s IndyCar season finale. “What we saw [in court], what was released in that case is very inconsistent with what they [NASCAR] say privately. And so I need to understand, ‘Who am I dealing with? Which one is it? Is it the people we meet with privately, or is what you say when we’re not around?'”

Towriss said he’d also like to see NASCAR reach a settlement with 23XI and FRM.

CHARLOTTE, N.C. — A federal judge on Wednesday denied two teams — one owned by NBA Hall of Famer Michael Jordan — a preliminary injunction in their antitrust suit against NASCAR to be recognized as chartered teams for the remainder of the season.

Judge Kenneth Bell of the U.S. District Court for the Western District of North Carolina said there was no reason to issue 23XI Racing and Front Row Motorsports the injunction because NASCAR last Friday vowed not to sell the six charters the teams previously held until the end of the legal battle.

Bell has repeatedly said he doesn’t want to rule on the likelihood of one side prevailing over the other, and reiterated that Wednesday.

“As the Court noted at the hearing on this motion, the Court believes that it is best not to provide its forecast of the Plaintiffs’ likelihood of success on the merits, and thereby potentially bias the jury pool, unless it is necessary to do so, which is not here,” Bell wrote.

He also cautioned on what the landscape of NASCAR may look like if the case is not settled before trial.

“The uncertainty about what the 2026 season will look like unfortunately exists not just for the Parties, but for the other teams, drivers, crews, sponsors, broadcasters, and most regrettably, the fans,” he wrote.

NASCAR in a statement said the ruling “brings much-needed clarity to the remainder of the 2025 NASCAR season.”

“For nearly 80 years, NASCAR and the France family have championed a bold vision by taking many personal and financial risks to build a sport that fuels livelihoods, inspires generations, and delivers world-class competition,” NASCAR said. “That commitment remains unwavering, and we will continue to defend the integrity of NASCAR and preserve the values that have guided its growth.

“To the fans: We won’t let this lawsuit distract from what matters most — delivering the unforgettable moments you’ve come to expect from our great sport and crowning the next NASCAR Cup Series champion on November 2.”

The trial is set for Dec. 1.

“With trial in this matter now less than three months away and the season on its proverbial last laps, NASCAR has agreed to extend those representations, in material effect,” Bell wrote in denying the motion for a preliminary injunction.

“This will effectively maintain the status quo pending a final decision on the merits and any permanent injunctive relief following trial that is, Plaintiffs will be able to race and disputed Charters will not be sold or otherwise transferred.”

Jeffrey Kessler, attorney for the teams suing NASCAR, wasn’t necessarily disappointed by the ruling.

“We are grateful that Judge Bell has made clear that the status quo is being maintained — protecting my clients’ rights to regain their charters if they prevail at trial and ensuring their ability to continue racing through the 2025 season based on NASCAR’s commitments,” Kessler said. “Equally important, Judge Bell reaffirmed his broad power to order meaningful changes in NASCAR should we succeed, so that teams, drivers, sponsors, and fans can benefit from a sport positioned for long-term growth and restored competition.

“We are ready to present our case at trial in December.”

23XI Racing, the team owned by Jordan and three-time Daytona 500 winner Denny Hamlin, and Front Row Motorsports, owned by entrepreneur Bob Jenkins, are suing NASCAR over antitrust claims regarding the charter system. A charter is the equivalent of a franchise and guarantees chartered cars both a spot in the 40-car field each week, as well as a significantly larger chunk of payouts.

NASCAR last September, after more than two years of contentious negotiations, presented teams with its final offer on charter extensions; 13 organization signed the agreements, but 23XI and Front Row refused.

The two teams initially won a preliminary injunction to be recognized as chartered for this season until a jury verdict on the antitrust allegations. That was overturned, and 23XI and FRM are currently competing as “open” teams. NASCAR wants the money back the teams were paid during the portion of the season they were chartered.

The teams also have appealed to have the chartered status reinstated, but NASCAR argued in court last week it has an interested buyer for one of the six charters previously held by 23XI and FRM, and it plans to immediately begin redistributing the charters. NASCAR backtracked after Thursday’s hearing.

NASCAR maintains that in holding off on redistributing charters, 23XI and FRM are no longer in danger of suffering irreparable harm. The teams countered Tuesday the threat still exists “because of the risk of breach claims from their irreplaceable drivers and loss of sponsors in the absence of charter rights.”

Tyler Reddick of 23XI has a clause in his contract that says the team would be in breach if his Toyota is not chartered. Jeffrey Kessler, the attorney for the two teams, indicated in court that Reddick has notified 23XI it is in breach.

Bell wrote in his Wednesday decision that “the loss of the ‘fixed’ Charter payouts and the uncertainty of ongoing relationships with drivers and sponsors can either be compensated with money damages at trial or is simply inherent in the risks associated with the lawsuit.”

DARLINGTON, S.C. — Chase Briscoe shared some history with his second straight Southern 500 victory at Darlington Raceway on Sunday. He hopes to make a bit more this season as he goes after his first NASCAR Cup Series title.

Briscoe held off Tyler Reddick on the final lap to become just the eighth driver in stock racing history with consecutive wins at the track dubbed “Too Tough to Tame.” The list includes Hall of Famers and greats such as Dale Earnhardt, Cale Yarborough, Jeff Gordon and Bobby Allison.

“The expectation was to go and contend for wins,” Briscoe said about his first season with Joe Gibbs Racing. “It definitely took more time than I expected, but tonight I feel like we showed what we’re capable of.”

Briscoe took the lead early, won both stages and led 309 of 367 laps. Not only did he advance into the round of 12, but he became the first driver with consecutive wins in NASCAR’s crown jewel race since Greg Biffle in 2005 and 2006.

“It’s so cool to win two Southern 500s in a row,” the 30-year-old Indiana driver said. “This is my favorite race of the year.”

A year ago, when the race was the last of the regular season, Briscoe used a late, four-wide pass to move in front and win his way into the playoffs. This time, he had the baddest machine on the block throughout.

“I definitely [feel] like I’m holding up my end of the bargain,” Briscoe said.

Briscoe moved in front early and cruised through most of the event on NASCAR’s oldest superspeedway. After Reddick swept past him on the restart for the final segment, Briscoe got back in front a lap later and easily moved into the lead after each of his final three pit stops.

Reddick went low and got to Briscoe’s door on the final lap but could not finish the pass. Briscoe held on to win for the second second time this season and fourth time in his career.

“That was way harder than it needed to be,” said Briscoe, also the winner at Pocono in June.

Briscoe’s team owner, Joe Gibbs, recalled greeting the driver in victory lane here last year when he was finishing up racing for now defunct Stewart-Haas Racing. Soon enough, Briscoe was picked to succeed retiring JGR champion Martin Truex Jr.

Gibbs was amazed how quickly Briscoe crew chief James Smalls had the car challenging for wins as it had in the past.

“Certainly, this wasn’t something we expected,” Gibbs said.

Two-time Southern 500 winner Erik Jones was third, followed by John Hunter Nemechek and AJ Allmendinger. Playoff racers Bubba Wallace and Denny Hamlin, Briscoe’s JGR teammate, were next.

Playoff problems

It was a not a great night for most of the playoff field as several contenders struggled. Only four playoff racers were in the top 10.

Josh Berry, who was already below the 12-man cutoff line entering Darlington, spun out moments after the race began and had to go into the garage. It was the first Cup Series playoff run for Berry, who drives for the Wood Brothers. Berry returned to the track midway through the second stage, 119 laps off the lead.

Alex Bowman was among just two playoff drivers without a win this year and needed a strong showing at Darlington to move up from 16th. Bowman pitted several times to find speed and instead found problems, including a malfunctioning air hose that kept him on pit road for about 30 seconds.

Penske driver Ryan Blaney, who won a NASCAR title two years ago and took Daytona last week, was one of the circuit’s hottest drivers with six straight top 10 finishes. But spun out on Lap 209 while 13th to slide down the playoff standings.

The four drivers below the cut line are defending champion Joey Logano in 13th, then Austin Dillon, Bowman and Berry.

“It was not what we were expecting,” Logano said about his 20th-place finish.

Toyota on top

The top four all drove Toyotas — just the third time that has happened since the manufacturer joined the Cup Series in 2007. In all six of the first seven were driving Toyotas, including playoff contenders Briscoe, Reddick, Wallace and Hamlin.

Hamlin is co-owner of 23XI Racing along with Michael Jordan with the team’s two playoff drivers in Reddick and Wallace in the top six.

“It was a good day for them and a great day for Toyota in general,” Hamlin said.

Up next

The playoffs continue Sept. 7 at World Wide Technology Raceway outside of St. Louis in second of three first-round races — the round concludes at Bristol on Sept. 13 — before the field is cut from 16 to 12.