Last Friday, District Judge Frank D. Whitney denied the motion for a preliminary injunction by 23XI Racing and Front Row Motorsports without prejudice. Jeffrey Kessler, the attorney for the two race teams, has filed an appeal to the denial of the preliminary injunction and has also requested that the appeal be heard in an expedited manner.
The request for the expedited appeal cites the relatively short NASCAR offseason as the reasoning.
“The 2025 NASCAR Cup Series season commences with the first race on February 2, 2025. Without the injunction, [23XI/FRM] will be forced to make a Hobson’s choice: either risk releasing their antitrust rights in this action or be out of business from competing as premier stock car racing teams,” a court filing reads.
The teams allege that without the expedited review, both organizations face immediate irreparable harm.
“The district court denied [23XI/FRM]’s motion, and now [the teams] face immediate irreparable harm if they do not receive this court’s expedited review of the district court’s decision,” the filing reads. “That irreparable harm has already begun because [23XI/FRM] cannot assure sponsors, drivers, and fans that they will be able to compete as chartered teams in 2025 – a condition that puts those critical relationships with sponsors, drivers, and fans at immediate risk.”
The purpose of the preliminary injunction was to allow the teams to continue racing in 2025 under one of two terms. Either to remain teams with Charters under the 2025 Charter Agreement until the lawsuit is completed or to be able to serve as “Open” teams until the lawsuit is completed.
Currently, in order to bring an antitrust lawsuit against NASCAR, Chartered or Open teams in the NASCAR Cup Series would have to stop competing in order to issue a lawsuit, as there is a provision in the Charter Agreement and Open team agreement that forbids teams from issuing antitrust litigation against the sanctioning body.
As it stands, the earliest an oral argument date would take place in the lawsuit is March 18, 2025. The teams are looking to push that schedule up as it would put them in a fork in the road situation on deciding what to do.
One Response
If they don’t like the terms, go play somewhere else. NASCAR allows plenty of money for the winners.
They have a tin of logistics to navigate to put these shows on for the fans. They deal with all the teams 23Xi and Front Row Racing deal with just their teams.
Quit whining and get back to racing.