U.S. District Judge Kenneth D. Bell has stepped in with a middle-ground ruling in the ongoing antitrust lawsuit between 23XI Racing, Front Row Motorsports, and NASCAR, aiming to push both sides closer to a resolution before trial.
Earlier this week, NASCAR filed a motion requesting that the Western District of North Carolina host a formal settlement conference, noting that prior mediation efforts in August with mediator Jeffrey Mishkin had failed to produce an agreement.
Later that night, attorneys for 23XI and Front Row pushed back, arguing that restarting mediation with a new mediator so close to the December 1 trial date would be unproductive. Both sides have accused the other of negotiating in poor faith during earlier sessions.
Judge Bell ultimately found a compromise between the two positions. He granted NASCAR’s request for a settlement conference to be held in his courtroom on October 21, but also ordered Mishkin to participate and continue serving as mediator. The move keeps continuity in the mediation process while ensuring court oversight.
Bell has repeatedly expressed frustration at the escalating legal costs, warning both NASCAR and the teams that they are “spending a lot of money burning this house down.” His goal appears to be to push the parties toward a genuine settlement rather than allowing the case to proceed to trial.
With the mediation now set for October 21, the hearing on summary judgment motions—where each side is asking the court to rule in their favor without a trial—has been rescheduled for October 23.
Lead attorney Jeffrey Kessler, representing 23XI and Front Row, said his clients welcome the court’s decision and are hopeful it will lead to meaningful progress.