As the NASCAR season nears its conclusion, the governing body faces another tense, year-end situation. The ongoing legal battle with 23XI Racing and Front Row Motorsports has become a central talking point and a significant hassle for both sides, each experiencing its ups and downs throughout the proceedings.
However, NASCAR has seemingly gained the upper hand in recent weeks, leaving the teams with much to worry about. In the latest development, 23XI Racing and Front Row Motorsports have indicated a willingness to settle, but with a critical condition attached.
What Did NASCAR State in Its Latest Motion?
On October 7, 23XI Racing and Front Row Motorsports filed a motion with the U.S. District Court seeking a settlement conference. This was not the first attempt to resolve the dispute, as an in-person mediation held in August with arbitrator and mediator Jeffrey A. Mishkin failed to produce a fruitful outcome.
In the latest motion, NASCAR proposed that the court appoint a magistrate judge or another judicial officer to conduct a conference. The sanctioning body noted that other charter holders also want the litigation resolved.
NASCAR’s motion stated, “The parties have indicated a willingness to resolve this case and have attempted to do so through mediation and settlement conferences. Other Charter holders have now indicated that their desire is that this litigation be resolved.”
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The statement continued, suggesting a settlement would benefit all parties involved: “Accordingly, NASCAR believes that the parties would benefit from a facilitated settlement discussion with a distinguished member of the bench who could provide unique insight into a jury trial in a complex matter such as this one in front of a jury of this District.”
What Was the Demand of 23XI Racing and Front Row Motorsports?
The teams, which had previously stated, “We’ve always been open to a settlement. Always have been. We’ve never taken that off the table,” still stand by that offer. However, they have a specific condition: they want Mishkin to continue mediating, given his familiarity with the case.
Following up on NASCAR’s motion, the teams argued that Mishkin’s prior involvement makes him the ideal choice. “Mr. Mishkin has invested a great deal of time learning this case and meeting with the parties, not just at the in-person mediation session of August 5, 2025, but in multiple phone calls with the parties’ counsel prior and subsequent to the mediation.”
The response added, “Plaintiffs have thus requested that NASCAR continue to engage with them via Mr. Mishkin or to make a settlement offer directly to the Plaintiffs’ counsel, but NASCAR has not responded to those requests and instead filed this motion. It seems NASCAR is not happy with the diagnosis and wants to seek a second opinion.”
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Essentially, the teams believe starting over with a new judicial officer would not be the most effective path to a resolution. The response concluded with the teams insisting that the court allow the familiar figure to continue mediating the settlement.
“Plaintiffs respectfully maintain that the court should instead order the parties to engage in another session with the previously selected mediator. However, Plaintiffs remain willing and available to engage in meaningful settlement discussions anytime, anywhere, and with anyone.”
While the trial is scheduled for December 1, the court has set a hearing for October 21 to decide on the motion for summary judgment sought by the teams.