23XI, FRM vs NASCAR: Settlement on the cards as Judge Kenneth Bell sends the jury back

NASCAR chairman and CEO, Jim France (L) and 23XI Racing co-owner, Michael Jordan (R), depart after Day 1 of the antitrust lawsuit trial in Charlotte, North Carolina. Source: Getty Images
NASCAR chairman and CEO, Jim France (L) and 23XI Racing co-owner, Michael Jordan (R), depart after Day 1 of the antitrust lawsuit trial in Charlotte, North Carolina. Source: Getty Images

The NASCAR antitrust trial took an unexpected turn on December 11 after Judge Kenneth Bell sent the jury back to its room shortly after proceedings began, fueling immediate speculation about a potential settlement.

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The North Carolina Federal court opened at 8:15 a.m. for what was scheduled to be Day 9 of the 23XI Racing–Front Row Motorsports lawsuit. However, there was a pair of early sidebars between the judge and both legal teams - the second one involving the court reporter. Before anyone could settle into their seats, Judge Bell dismissed the jury for an hour and said the attorneys could use the fourth-floor library if they needed a private space.

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The Athletic’s Jeff Gluck wrote on X, quoting the judge telling jurors:

“I met with the attorneys and we need an hour to see if we can save you several hours. I really do believe this will save you a lot of time in the long run.”

Gluck added in a separate post:

🚨Something is happening in the NASCAR trial. Both sides were conferring with their attorneys before court this morning and then Judge Bell brought in the jury, only for him to tell them they are being sent back in their room for an hour. Court is now in recess for one hour.
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The sudden halt immediately triggered whispers of settlement talks. Insiders around the case noted the judge’s invitation for the parties to find a room to meet, a signal that discussions might be underway after more than a year of litigation and eight days of testimony that revealed private messages, financial records, and strained relationships across the sport.

The last attempt at resolving the case quietly came in October, when NASCAR, 23XI, and FRM spent two days in closed-door sessions. A third day was added as negotiations stretched inside the courthouse for more than three hours. NASCAR’s Chris Yates and the teams’ attorney Jeffrey Kessler were both present in those meetings. Judge Bell personally supervised the conference, while longtime mediator Jeffrey Mishkin was involved. Even with the level of pressure applied, the sides left without an agreement and moved toward trial.

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With the trial deep into its second week and the industry preparing for 2026, insiders, teams, fans, and officials are rooting for a resolution. The first recess of Day 9 suggested that the door may finally be open.


NASCAR insider points to NDA concern behind the sudden pause

Denny Hamlin (L) and wife Jordan Fish depart the Charles R Jonas Federal Building. Source: Getty
Denny Hamlin (L) and wife Jordan Fish depart the Charles R Jonas Federal Building. Source: Getty

Day 8 ended with testimony from NASCAR Chairman Jim France, leaving the trial with no shortage of momentum heading into a packed final stretch. Judge Kenneth Bell had already expressed his frustration at the slow pace last week, extending daily hours in an attempt to make up time, and repeatedly pushing both sides to avoid repetitive questioning.

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Monday’s abrupt stop, however, reflected something different. One possible explanation emerged from a post by The Racing Experts’ Jonathan Fjeld, who wrote on X:

“The NASCAR antitrust trial's ninth day has started with a surprise recess. Settlement? Talk over an NDA that may have been violated, in regard to a deal brought up during Richard Childress' testimony? We will see.
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The discussion about a potential non-disclosure agreement violation connected to testimony from Richard Childress. During Childress’ appearance as a witness for the teams, NASCAR’s attorneys questioned him about a past negotiation to sell part of RCR Enterprises to former driver Bobby Hillin Jr. Childress said Hillin was under an NDA and that the deal collapsed because Hillin never produced the funds. But NASCAR’s legal team presented materials showing Hillin had circulated financial information to potential investors, including claims of positive EBITDA, despite the NDA.

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That exchange caught Childress by surprise in court, prompting persistent objections from the plaintiffs and raising questions about whether the presentation of those materials conformed to the rules concerning confidential business documents.

NASCAR still intends to call at least six more witnesses, including Rick Hendrick, Roger Penske, 23XI Racing co-owner Curtis Polk, and its own economic expert. With only two days left before the trial is likely to reach a third week, and the pause on Day 9 marked the first serious sign that momentum could change - whether through negotiation, a procedural reset, or the pressure of the schedule.

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Edited by Riddhiman Sarkar
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