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CHARLOTTE, N.C. — NASCAR argued in its latest court filing that Michael Jordan is suing the stock car series to earn a permanent charter that no other teams possess, and that neither 23XI Racing nor Front Row Motorsports has suffered any harm by racing as “open” entries.

NASCAR also indicated in its 34-page response filed late Monday that it has buyers interested in the six charters that have been set aside as a federal judge decides if the two teams can have them back for the remaining 11 races of this season. NASCAR is prepared to immediately begin the process of allocating the charters elsewhere.

These latest arguments are part of the ongoing federal antitrust lawsuit filed by 23XI and Front Row against NASCAR in a fight over charters, which are essentially franchise tags. 23XI, owned by retired basketball Hall of Famer Michael Jordan and three-time Daytona 500 winner Denny Hamlin, and Front Row, owned by entrepreneur Bob Jenkins, were the only two organizations out of 15 not to sign extensions on new charter agreements.

All the teams were fighting to have the charters made permanent during more than two years of extension negotiations, but NASCAR refused and its final offer was through 2031. 23XI and Front Row won a temporary injunction to be recognized as chartered as the case heads toward a Dec. 1 trial date.

The injunction was eventually overturned, appealed by the teams, and U.S. District Judge Kenneth Bell will hear arguments Aug. 28 on the matter. 23XI and Front Row as “open” teams do not receive the same financial percentages as chartered teams.

A rulebook change in July after the chartered status was stripped from the two organizations ensured that the six cars aren’t in danger of not qualifying for a race; starting spots are guaranteed to the 36 chartered cars in every 40-car field.

“Mr. Jordan has said he wants to use the litigation to grant him a permanent Charter that no other team has,” NASCAR alleged.

23XI and Front Row have maintained they will continue to race even if they must do so as open teams. NASCAR has argued that when the two organizations did not sign the extensions they lost all rights to charters and the sanctioning body should be free to move them.

“Plaintiffs’ theoretical inability to obtain Charters post-trial also does not justify NASCAR from selling or transferring Charters, because Plaintiffs do not have Charters now because of their own strategic choice,” NASCAR said in its filing. “Plaintiffs had multiple opportunities to acquire 2025 Charters, and they squandered them.”

NASCAR also argued that a court cannot order the private company into a partnership with teams it is not interested in doing business with. Another argument by NASCAR is that 23XI and Front Row have not been harmed by not being chartered because their drivers have not left the team and the rule change protects them from missing races; Tyler Reddick of 23XI has clauses in his contract that he can leave if his car is not chartered.

Additionally, NASCAR said it pays teams a higher percentage than even Formula 1 does and that its payout structure to teams proves it is not a monopoly because it was increased first by 28% in the 2016 charter agreement, and then by 62% in the 2025 agreement.

“NASCAR pays Teams more than even Formula 1 as a percentage of profit,” NASCAR said. “Plaintiffs ignore the pay raises the Teams received. Instead, they focus on a text during negotiations for the 2025 Charter that said an internal version of the May 2024 draft contained ‘zero wins’ for Teams.

“Plaintiffs ignore that the actual May 2024 draft proposed to Teams carried forward the biggest win for the Teams — a massive pay increase — that was set out in the December 2023 draft. It also gave Charter holders an opportunity to obtain any improved extension terms NASCAR offered to third parties and increased Teams’ ability to receive investor funding, among other benefits.”

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Boone clarifies Judge talk as OF says arm better

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Boone clarifies Judge talk as OF says arm better

New York Yankees manager Aaron Boone reversed course on the status of star Aaron Judge on Tuesday, saying he should be able to return to the field this season after earlier casting doubt on whether that would happen.

Judge has been limited to being a designated hitter since being activated from the injured list on Aug. 5, after a stint there due to a flexor strain in his right elbow.

Boone told radio station WFAN on Tuesday that there is no timetable on a fielding return for Judge.

“I don’t think we’re going to see him throwing like he normally does at any point this year, but that’s OK,” Boone told WFAN. “We’ve got to feel like he can go out there and protect himself.”

Judge said those comments took him surprise, leading him to push back on the Yankees manager.

The star slugger said he feels “way better” than earlier this month, when he couldn’t make a 60-foot toss. He added that he’s thrown out to 250 feet and sounded optimistic about getting back to full strength.

“I don’t know why he said that,” Judge said. “He hasn’t seen me throw for the past two weeks, so I’m pretty confident I’ll get back to (100%).”

Boone then acknowledged he may have overstated the situation with his initial comment to WFAN.

“Is he going to come back and be a 70-80 arm?” Boone told media before the Yankees played the Rays in Tampa, Florida, on Tuesday night. “I don’t know that I’m expecting that necessarily. But when we get him back out there, I would expect him to be able to handle it.”

The Yankees are coming off a three-game sweep of the St. Louis Cardinals and hold a three-game lead for the final American League wild-card spot. Offensively, they will be satisfied if Judge can simply remain productive at the plate. He entered the week batting .333 with 39 home runs, 91 RBI and a 1.134 OPS, all among the league leaders. His home run Sunday was his first extra-base hit since returning.

Judge’s inability to play the field has reduced the team’s flexibility.

Giancarlo Stanton returned to the Yankees’ lineup Tuesday night after missing three games with what the team described as general soreness. Stanton is batting .299 with 12 home runs, 34 RBI and a .953 OPS this season, but his long injury history makes any outfield assignment a risk. He did not debut until mid-June because of tendinitis in both elbows. After playing three straight games in the outfield last week, he then missed three with the soreness. He has declined to specify where the discomfort occurred.

Information from The Associated Press was used in this report.

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Robles suspended 10 games, fined for bat heave

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Robles suspended 10 games, fined for bat heave

Seattle Mariners outfielder Victor Robles has received a 10-game suspension and an undisclosed fine for his conduct during the top of the third inning of a game Sunday in Triple-A, where he was on a rehab assignment, Major League Baseball said Tuesday.

Las Vegas starter Joey Estes’ first pitch to Robles in the third inning was inside, and Robles whacked at it to avoid getting hit. After taking a few steps behind the plate and dropping his bat, Robles picked up the bat and threw it in Estes’ direction and was immediately ejected from the game by plate umpire Joe McCarthy.

Robles, who had been hit by a pitch three times in his previous four games with Tacoma, took some steps toward the mound while yelling at the pitcher but was held back by McCarthy and others.

He took to social media later to apologize for letting his frustration get the best of him.

“Coming off a long rehab and being away from the game for most of the season has been physically and mentally challenging,” Robles said in an Instagram story. “Adding to that, the recent passing of my mother has been incredibly hard, and I’ve been doing my best to hold it together. That’s not an excuse, but some context I feel you deserve to understand where I’m coming from.”

The suspension is to be effective on the first day Robles returns to the Mariners’ active roster. He has been recovering from a shoulder injury suffered in April.

Robles is appealing, so the disciplinary action is on hold until that process is complete.

Information from The Associated Press was used in this report.

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Phillies’ Alvarado reinstated, ineligible for playoffs

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Phillies' Alvarado reinstated, ineligible for playoffs

PHILADELPHIA — Philadelphia Phillies left-hander Jose Alvarado returned from his rehab assignment with Triple-A Lehigh Valley and was reinstated from the restricted list before Tuesday night’s game against Seattle.

Alvarado’s return follows an 80-game suspension for violating baseball’s performance-enhancing drugs policy.

Alvarado is ineligible for the postseason, possibly impacting manager Rob Thomson’s decision on who to use as closer in the final weeks of the regular season. Alvarado was 4-1 with seven saves and a 2.70 ERA before being placed on the restricted list by Major League Baseball on May 18.

Among other closer options in a deep bullpen are Jhoan Duran and Jordan Romano and set-up men Orion Kerkering and Matt Strahm.

Alvarado, 30, has 52 career saves, including a career-high 13 in 2024.

At the time of Alvarado’s suspension, Phillies president of baseball operations Dave Dombrowski said the positive test was caused by a weight loss drug Alvarado took during the offseason.

“It’s not something he did knowingly,” Dombrowski said. “I believe that, the way he talked to me.”

Alvarado allowed no runs in five rehab appearances with Lehigh Valley. He allowed four hits, struck out four batters and issued four walks across five innings.

To make room on the 26-man roster, right-hander Nolan Hoffman was optioned to Lehigh Valley. Left-hander Josh Walker was designated for assignment to clear a spot on the 40-man roster.

Alvarado was the second player suspended this year under the big league testing program after Atlanta outfielder Jurickson Profar.

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