23XI’s attorney calls NASCAR “retaliatory bullies” trying to ‘distract’ the court from facts

Following Thursday’s meeting between the 23XI Racing and Front Row Motorsports representatives and NASCAR at the Western District of North Carolina court, it seems like the two parties are going to trial in December. Judge Kenneth D. Bell, who has overseen this case for over a year now, kicked off the session by thanking both parties for trying to settle, even though it was in vain.

According to Bell, everyone acted in good faith to settle the case. However, 23XI attorney Jeffrey Kessler didn’t hold back his words while calling NASCAR a “retaliatory bully” who always deviates from facts, going for personal attacks instead.

“Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are – retaliatory bullies who would rather focus on personal attacks and distract from the facts,” Kessler said in a team statement. “My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.”

If Kessler fails to defeat NASCAR in court, 23XI and FRM could lose their charter status permanently. Given the cost of competing in the NASCAR Cup Series, running open campaigns seems unlikely.

They might also lose their drivers in the process, as most contracts require the teams to provide them with chartered rides. That could cause the teams to suffer irreparable harm. However, if they win, it could change the entire business model that NASCAR has built over the years.

A ruling is expected in the coming two weeks. For now, all eyes are on the Xfinity 500, the final Round of 8 playoff race before the field is set for the coveted Championship 4. Fans can watch the 500-lap event live on Peacock (October 26, 2 pm ET) or listen to radio updates on MRN and SiriusXM NASCAR Radio.

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23XI Racing owner Denny Hamlin talks about the future of Corey Heim amid NASCAR lawsuit

What will happen to Corey Heim if 23XI Racing loses the legal battle against NASCAR? The NASCAR Craftsman Truck Series driver is signed with 23XI and has made select Cup starts with the team with moderate success. It’s unlikely that Heim lands a full-time Cup deal for the 2026 season, as everything depends on the results of the upcoming trial.

Bob Pockrass of FOX Sports asked 23XI Racing co-owner Denny Hamlin about Heim’s future with the team. To which Hamlin replied,

“Well, I mean, I think that obviously the outcome of December 1st will dictate a lot of things. Again, he’s a development driver for 23XI. Got races on his schedule as of right now and we don’t see any of that changing.”

As a development driver for Denny Hamlin's co-owned team, Corey Heim drives the No. 67 Toyota Camry XSE in the Cup Series. As a full-timer, he competes in the Truck Series with Tricon Garage. This year, he secured 10 wins, the most ever won in a single season in the Truck Series history. Heim also competes part-time in the ARCA Menards Series, wheeling the No. 25 machine for Venturini Motorsports.

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Edited by Tushhita Barua