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Decision Expected by Friday in Antitrust Lawsuit Preliminary Injunction Hearing

Photo Credit: Tyson Gifford, TobyChristie.com

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It’s NASCAR Championship Week and we’re starting it off with… a court hearing?

On Monday, in a courtroom in Charlotte, North Carolina, District Judge Frank D. Whitney heard and considered arguments from both sides in a preliminary injunction hearing requested by the teams.

An official decision is likely to be reached on or prior to Friday, November 8.

This hearing is the first step in the antitrust lawsuit filed by 23XI Racing and Front Row Motorsports, against NASCAR and its CEO, Jim France. Should the organizations be successful in getting a preliminary injunction, they would be able to continue as chartered teams while the case proceeds.

Jeffrey Kessler is the lead attorney for 23XI Racing and Front Row Motorsports (Plaintiffs). According to court records, Jennifer Parsigian, E. Danielle, and T. Williams also represent the teams. Patricia Wilson Magee, Christopher Yates, and Lawrence Buterman are the three listed attornies for NASCAR (Defendants).

After the court was placed in recess, Jeffrey Kessler, with his clients Denny Hamlin, Michael Jordan, Curtis Polk, Bob Jenkins, and Jerry Freeze at his sides, spoke to members of the media.

When asked about his level of confidence for a positive outcome in this injunction hearing, Kessler said: “I am optimistic that we are right. Hopefully, the judge will see it the right way, and that we will eventually prevail in this case. This is the first step. I have been litigating for a long time. I don’t make predictions of cases, because I’ve been surprised in the past. But I felt very good, which all that I can do, that we made our case. That we were right on the facts, we were right on the law, and hopefully the judge will agree.”

NASCAR declined the opportunity to speak to members of the media after the hearing.

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