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Charlotte, NC – The lawyer of 23xi Racing and Front Row Motorsports said on Tuesday that he would seek a rehearsal before the full fourth Court of Appeal for both organizations to maintain their chartered status.
Jeffrey Kessler, Chief Advocate for 23xi Racing and Front Row Motorsports in his antitrust case against NASCAR, made the comments after a hearing on another case in the federal court on Tuesday.
The teams and Curtis Polk, co-owner of 23xi Racing, sought a dismissal of counter-claims that Nascar made against them. The judge made no decision on the counter-claims on Tuesday after an almost two-hour trial that Denny Hamlin, co-owner of 23xi Racing, Bob Jenkins, owner of Front Row Motorsports and Polk, attended. Michael Jordan, co-owner of 23xi Racing, was not present.
The teams have an important deadline in another judicial case this week.
An appellant panel with three judges ruled Nascar’s favor on June 5 to revoke the preliminary order It has been able to compete 23xi races and front row car sports this past season as chartered teams.
A panel of three judges on Thursday ruled to evacuate the preliminary order that granted 23xi Racing and Front Row Motorsports to run as chartered teams.
A Judge of the District Court granted the order in December and allowed the teams to receive all the benefits of a chartered team – including financial payments and guaranteed starting places – despite not signing the charter agreement last year.
The teams have until Thursday to request a rehearsal. Kessler confirmed on Tuesday that the teams would reach that deadline.
“Unfortunately, I don’t think that the three judges, if you read their opinion, actually dealt with the difficult issues, and that’s what the circle should do,” Kessler said in response to a question from NBC Sports.
“For example, under their decision, Google can go to all their clients and say if you want to be in my app store, you have to give up your anti -titrus rights so we never get a Google case. Apple can do the same.
‘This kind of forced releases by someone who is in some respects judged as a monopoly … We think they are competitive. We think that if the whole fourth circle looks at it, it’s hard to get a rehearsal, maybe not get a rehearsal, but we think it should have a rehearsal. “
All six cars for both teams (the cars for Tyler Reddick, Bubba Wallace and Riley Herbst for 23xi races and the cars for Todd Gilliland, Zane Smith and Noah Gragson for leading motorsport) will continue to be classified as a charter, as long as the attraction process continues.
Nascar commissioner Steve Phelps told drivers before the race: “Together we do something that will be remembered in the history of our great sport.”
Tuesday before the Federal Judge Kenneth D. Bell, both parties over the Merit of counter -claims has submitted NASCAR. In its original submission on March 5, NASCAR claimed that 23xi Racing, Front Row Motorsports and Polk ‘began to force, force and force a strategy to meet NASCAR to meet their demands for better contract and financial conditions. “
The judge asked a few questions in Tuesday.
At the beginning of the hearing, the judge asked both parties what they were looking for. Kessler said that if the teams win their case – the trial is scheduled to start December 1 – they can try to force Nascar to sell his ownership of tracks, a point he repeated to reporters after Tuesday.
“We will only decide on legal relief for the jury, because you have to adapt your relief to what the jury finds and what issues are going out,” Kessler told reporters. ‘… But as I noticed to the judge, there is a lot of relief known in the antitrust laws, one of which is sale, which would be to separate the management of Nascar and the commercial terms and the tracks.
“Another one is to get rid of all these restrictions that prevent the tracks from holding competitive events, preventing the other teams from chasing on other occasions, and preventing the teams from using their next Gen cars in other events.
“These are the things where monopolists cannot impose the restrictions, and there may be other types of relief in terms of this a competitive market, in addition to the disside damage and other relief we are looking for.”
Nascar’s first International Cup Points race since 1958 has been memorable for some and not so much for others.
Nascar chief advocate Chris Yates said in court that Nascar was not trying to add other teams to the lawsuit. “We are more than happy to leave it to the said defendants.”
Yates did not talk to reporters after Tuesday’s trial.
At the end of the hearing, Bell gave both sides a warning as he looked forward to the antitrust proceedings.
“It’s hard to represent a real winner if it goes to the mat or the flag in this case,” he said.
Kessler was asked after the hearing about the comments of the judge.
“We have always indicated that if there can be a fair violation of the settlement, that we can come to something good for everyone, I am an advocate, I am always open to settlement,” Kessler said. “I think my clients are always open to settlement.
“The problem here was Nascar. If after the fourth circle to Mr. Yates listened, the fourth circle asked him about this: “Oh yes, we are going to have mediation, but do not expect us to agree to anything. ‘
“They won’t agree to anything, we’ll see them during the hearing. We are very open to what all the judges say, this is a case that needs to be done and worked out so that everyone can go forward, the fans do not have to read and hear about this and have a better system for everyone. “
