Culture
Michael Jordan’s 23XI, NASCAR have first preliminary hearing regarding antitrust lawsuit
CHARLOTTE, N.C. — 23XI Racing co-owners Michael Jordan and Denny Hamlin started off NASCAR championship week by facing the sanctioning body in federal court.
23XI, which along with Front Row Motorsports is suing NASCAR and its CEO Jim France for antitrust violations, had its first in-person courtroom showdown with NASCAR during a Monday hearing over a preliminary injunction request.
On the fifth floor of the federal courthouse in Charlotte, the teams’ attorney, Jeffrey Kessler, sparred with NASCAR attorney Chris Yates in a spirited, sometimes contentious hearing. At stake is a clause in NASCAR’s 2025 charter agreement with teams that does not permit them to bring legal action; 23XI and FRM asked Judge Frank Whitney to waive that clause and allow them to sign the agreements so they can continue racing, either as charter teams or non-charter “open” teams.
“We literally cannot practice our profession at all without signing this release,” Kessler said.
23XI Racing co-owners Michael Jordan, Denny Hamlin and Curtis Polk, and Front Row Motorsports’ Bob Jenkins and Jerry Freeze walk into a federal courthouse for today’s injunction hearing. pic.twitter.com/hXNJaecFFW
— Jordan Bianchi (@Jordan_Bianchi) November 4, 2024
The teams hope Whitney will both waive the clause and reinstate the original charter offer NASCAR had on the table Sept. 6, when 13 owners signed it. The DocuSign originally had a deadline of Nov. 5, Kessler said, but NASCAR has now withdrawn it.
Yates said NASCAR no longer wants to enter into a charter agreement with the teams after they have disparaged NASCAR publicly.
“They have been calling NASCAR a series of names that undermine NASCAR’s brand and goodwill,” Yates said. “NASCAR only wants to enter into charter agreements with teams who want to work collectively to grow the sport.”
Yates added the teams have made a “frontal assault on the charter system” and argued NASCAR is not a monopoly for several reasons, including the availability of 128 other tracks on which stock cars could race in the United States aside from the 26 Cup Series venues.
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He also said the owners could choose to do something else with their business aside from running a NASCAR team, such as “buying another NBA team,” a nod to Jordan’s former ownership of the Charlotte Hornets. But Kessler said the suggestion 23XI and FRM could suddenly change their business model, even to another racing series, would be like asking a football player to become a baseball player.
Jordan spent much of Yates’ arguments leaning forward intently from his seat in the front row of the courtroom, sometimes with a smirk and other times holding his chin.
Michael Jordan after the hearing: pic.twitter.com/2L4MQFmsxj
— Jeff Gluck (@jeff_gluck) November 4, 2024
Yates said under the 2025 charter agreement, race teams will receive approximately half of all TV revenues and said the worst-performing charter team would get a 50 percent increase in payouts from the current agreement.
He said NASCAR was contractually obligated to inform teams of the purse money for next season by Nov. 1, which is why NASCAR has reduced the number to 32 charters with no plans to re-offer 23XI and FRM their existing four combined charters. Charters offer guaranteed entry into each Cup Series race, along with a higher share of the race winnings. Yates claimed the teams were asking the judge to force NASCAR into a seven-to-14-year agreement by rewriting the contract “on their preferred terms.”
“They’re trying to force NASCAR into an unwanted charter relationship,” he said.
Kessler denied that and said the teams only wanted the judge to waive the clause for the length of this case, adding: “Hopefully it doesn’t take 14 years.”
Yates also said the teams’ contention that many owners were coerced into signing the new agreement on Sept. 6 was false, because team owners like Roger Penske, Rick Hendrick and Pro Football Hall of Fame coach Joe Gibbs are not the type of people who get pushed around. He also quoted Hendrick and owner Justin Marks as saying they were pleased with the terms of the new charter agreement.
At one point, Kessler loudly said Yates was “manufacturing facts” and “misrepresenting” the teams’ case to mislead the judge. Kessler rephrased the terms of what the teams were asking for “so even (Yates) can understand it.”
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Responded Yates: “We disagree on pretty much everything he’s argued.”
Kessler also revealed 23XI’s driver contract with Tyler Reddick would allow the driver to leave as a free agent if 23XI did not have a charter for him, along with the team’s sponsors.
Reddick is one of four drivers competing for the NASCAR Cup Series championship on Sunday at Phoenix Raceway. Prior to the hearing, Whitney told those in the room he hadn’t seen his courtroom so full “in several years” and added, “I feel like I have two full law firms in front of me, too.”
Whitney initially appeared skeptical of Kessler’s claims while being more open to Yates’ arguments, but the rebuttals from Kessler left the two sides on even ground.
The judge praised both attorneys for their “extraordinary” and “very excellent arguments” and said he would give a written decision by Friday.
Both sides appeared pleased afterward. Though NASCAR did not comment, France turned around and winked at senior advisor Mike Helton in the row behind him.
And Jordan, addressing reporters outside the courtroom, said Kessler “did an unbelievable job today.”
“I put all my cards on the table,” Jordan said. “I think we did a good job of that. But I’m looking forward to winning the championship this weekend.”
Required reading
(Photo: Sean Gardner / Getty Images)
She was blond and he was dark-haired; they were almost photonegatives. She looked as if she’d been in Bergman films. He was, visually, America’s Camus — wary, heavy-lidded, wreathed in cigarillo smoke, an intellectual turned out in black Levi’s and sheepskin-lined leather jackets.
Hustvedt and Auster’s double-barreled impact could prompt strange reactions. Before their wedding dinner, Hustvedt writes, a poet friend of Paul’s lifted a glass and said, “To the bride and groom, two people so good-looking I’d like to slice their faces with a razor.” Hustvedt wasn’t surprised when he slowly faded from their lives.
Auster was diagnosed with cancer in January 2023, when he was 75. Hustvedt tells the story of his illness — the chaotic E.R. visits, the hair loss, the shrinking and then metastasizing of his tumor, the wracking immunotherapy, the wheelchairs, the inability to write and the gradual loss of language — largely by reprinting the matter-of-fact group emails she sent to close friends to keep them apprised of his progress.
These sorts of missives, as anyone who has written or received them knows, are an art form of their own. When delivering good news, Hustvedt urged caution. “There is an important difference between optimism and hope,” she wrote in one such email. “The optimist’s tendency to cheer every piece of good news and predict a good outcome is understandable but creates emotional swings that, at least for those who love the patient, are unsustainable. Hope, on the other hand, is necessary for living on.”
Auster was stoic about his illness, but restless and held captive in the borderless region he termed “Cancerland.” No longer able to write fiction, near his death he began to compose a series of letters to his grandson. These letters, which are largely about family history, are printed here and are models of that form: warm, direct, undogmatic.
Welcome to Lit Trivia, the Book Review’s regular quiz about books, authors and literary culture. This week’s challenge is focused on unfinished novels that their authors didn’t live to see published. In the five multiple-choice questions below, tap or click on the answer you think is correct. After the last question, you’ll find links to the books if you’d like to do further reading.
CHERNOBYL, LIFE, AND OTHER DISASTERS, by Yevgenia Nayberg
“You have to share many things with others … but what you remember belongs to you and you alone,” Yevgenia (Genya) Nayberg writes in the author’s note to her graphic memoir, “Chernobyl, Life, and Other Disasters.”
The elegantly composed pages of this moving story, told largely through Nayberg’s effervescent illustrations, make clear the special place she holds in her heart for memories of her childhood in Kiev (now spelled Kyiv), Ukraine.
It is 1986, Ukraine is still part of the Soviet empire, and the entire world is anticipating Halley’s comet. Yet there are more important things in Genya’s life than the approaching comet. She is 11 years old and preparing for the entrance exam to Kiev’s National Secondary School of Art.
Inspired by her mother, who is an artist, Genya loves to draw and paint. But there is an obstacle: The family is Jewish and the art school — like many schools in the former Soviet Union — accepts only 1 percent of Jewish applicants.
When Genya was 5, her grandpa, who lived through Stalin’s Terror, told her she should “not stick out in school.” He taught her to read using Pravda, which was filled with articles about imperialism and inflation — evil spirits that haunted her dreams. (Pravda and Izvestiya — The Truth and The News — were the two major newspapers in the Soviet Union, and everyone knew the joke that accurately reflected Soviet reality: There is no news in The Truth and no truth in The News.)
In first grade, Genya’s “Honorary Teacher of the Soviet Union” — as manipulative and sinister as the government she served — demanded unconditional love from the pupils in her class, going so far as to ask them to raise their hands if they were willing to give blood to her in the event she needed a transfusion.
The same year, in military training class, the children learned the pretending game: When Genya complained that the gas mask she was supposed to practice putting on, in case of an American nuclear attack, was too big for her face, the instructor replied, “Pretend that it fits.” Both teachers and students were to pretend that everything in the country was ideal, while they waited for the promised dawn of a bright Soviet future. Nobody knew then that the nuclear fallout would come not from across the ocean but from within.
Now it is spring and Genya is bored, painting Young Pioneers with red neckties (a Soviet national scout group) over and over again at the behest of the tutor who is helping her get ready for the July exam. She consoles herself with the thought that if she is accepted she can paint whatever she likes.
On April 26 there is an accident at the Chernobyl nuclear plant, 90 kilometers from Kiev, but there is no official information about the damage or even about the accident itself. On May 1, International Workers’ Day, everyone goes outside for a parade, as usual.
On the left-hand page of a double-page spread, Kiev, in Nayberg’s exquisitely wrought, soft-hued rendering, is “blooming like a giant cream cake with white, pink and purple chestnut flowers.” On the right-hand page, as if it were part of the same scene, Nayberg has drawn a stark picture of the Chernobyl nuclear plant, stamped with the word “RADIATION” in Russian, that makes it look like a colossal tombstone. “Like every year,” young Genya wryly comments, “it is a perfect day.”
In the absence of information, Genya’s family must rely on rumors. Her mother, the driving force in the book, adds iodine to the children’s milk and takes Genya and her 3-year-old brother 1,300 kilometers away to Volgograd (formerly Stalingrad), in Russia, to stay with their cousins.
As Genya bikes by the city’s many World War II monuments that depict victorious soldiers, she encounters “war survivors that never quite survived,” begging for bread. In Soviet Russia, it turns out, they play the pretending game, too.
In July, to their hosts’ horror, Genya and her mother return to Kiev for the exam that cannot be missed. The three-part test — two days for composition, two days for painting and two days for drawing — is grueling.
Happily for Genya and her repeated painting of Young Pioneers cheerfully performing selfless deeds, the theme of the composition portion is “In the Morning of Our Country.” Weirdly, this could be her ticket to freedom of expression.
Nayberg’s narrator is resilient, funny and ironic, observing her surroundings with an artist’s probing eye.
Her story gracefully brings to life the Soviet world — torn down in 1991 and recently resurrected by the latest Russian dictator — provoking thorny questions about different approaches to art, the cost of trying to conform and the complexity of family ties.
“Stories let us hold on to people a little longer,” Nayberg writes at the end of this tender memoir dedicated to her artist mother. Genya’s mom, and the rest of the characters in “Chernobyl, Life, and Other Disasters,” will stay with me for years to come.
CHERNOBYL, LIFE, AND OTHER DISASTERS | By Yevgenia Nayberg | (Ages 10 and up) | Neal Porter Books | 200 pp. | Paperback, $15.99
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