Rejected Appeal: Fourth Circuit Denies Jordan's 23XI's Petition in Row Dispute

The U.S. Court of Appeals for the Fourth Circuit has denied a petition for rehearing en banc filed by 23XI Racing and Front Row Motorsports. This decision comes as a setback for the NASCAR teams in their ongoing antitrust lawsuit.

In a statement shared with the media on Monday, attorney Jeffrey Kessler, who represents 23XI and Front Row, expressed disappointment with the court's decision but emphasized that it has no bearing on the strength of their antitrust case. Kessler reiterated their commitment to the racing season while continuing their legal battle.

The petition was aimed at reversing a decision that vacated a preliminary injunction issued by U.S. District Judge Kenneth D. Bell. The preliminary injunction required NASCAR to offer 23XI and Front Row the same terms as charter teams without mutual releases of claims.

The panel unanimously held against 23XI and Front Row, reasoning that Bell's injunction was unsupported by applicable legal precedent. No judge requested a poll under Fed. R. App. P. 40 on the petition for rehearing en banc, indicating that none of the judges on the three-judge panel offered a dissenting viewpoint.

The denial of the petition for rehearing en banc means that the case will now proceed to a jury trial, scheduled for December. The legal issues of the case will be presented during this trial. Kessler stressed that the antitrust case is separate from the motion for an injunction.

It's worth noting that data indicates that rehearings en banc are only granted about 1% of the time. With 15 active judges on the Fourth Circuit, the denial of the petition is not unexpected.

Despite this setback, Kessler remains confident in their case and emphasized the importance of ensuring fair terms for all teams in the future of the sport. Michael Jordan, co-owner of 23XI Racing with Denny Hamlin, and Front Row Motorsports are represented by attorney Daniel Petrocelli in the antitrust lawsuit.

The court's statement was made by clerk Nwamaka Anowi. Kessler shared his thoughts on the Fourth Circuit's decision in a statement he shared with the media on Monday. He reiterated that they are fully committed to the racing season while continuing their legal battle for more competitive and fair terms for all teams to ensure the future of the sport.