Attorneys representing both parties in the 23XI Racing and Front Row Motorsports v NASCAR lawsuit and countersuit concluded a second consecutive day of settlement talks without any announced agreement.
Upon leaving the Western District of North Carolina courtroom in Charlotte on Wednesday, both parties declined comment.
There is a scheduled session for oral arguments on Thursday morning in the same court over summary judgment motions issued by both parties.
A summary judgement is a decision on the merits issued by the judge overseeing a case without a trial. This judge, Kenneth D. Bell, has also indicated he is quite unlikely to render a summary judgment verdict for either party as to not taint the jury pool in advance of a scheduled trial that begins on December 1.
There was hope that a settlement mediation session in court would produce results that previous efforts did not. The two parties met in New York in August but the conversations, mediated by sports legal authority Jeffrey Mishkin, produced no agreement.
NASCAR motioned the court to force both parties to mediate in court with Bell overseeing the proceedings instead. The two teams wanted to continue using Mishkin. The judge issued a middle ground order, having both parties and Mishkin, mediate in his court room with him present.
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