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Judge Denies 23XI, FRM Preliminary Injunction

A judge ruled Nov. 8 that 23XI Racing and Front Row Motorsports have been denied their preliminary injunction to operate as NASCAR Cup Series chartered teams while they pursue their antitrust lawsuit against NASCAR, according to a court briefing.

The ruling came after a Nov. 4 hearings in which attorneys for both NASCAR and for the teams argued their sides.

“At this time, Plaintiffs have not met their burden as required for a preliminary injunction,” the court’s statement reads, signed by judge Frank D. Whitney. “Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction.”

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In the briefing, the court expressed intent to fast track the case, directing both partners to file an answer by Dec. 2 and to conduct its attorneys conference by Dec. 16.

Both 23XI and FRM were seeking to operate their chartered Cup teams as usual in 2025, even while their joint lawsuit against NASCAR continues, alleging antitrust and anti-competitive practices concerning the sanctioning body’s charter agreements, refusing to sign the updated 2025 agreement.

The teams allege that they will experience “irreparable harm,” per the filing, should they be forced to compete as open teams in 2025 rather than as chartered, among other hardships. The judge disagreed with the notion, writing that neither team had been able to prove that the harm was anything more than speculative.

“We are pleased with the court’s decision to expedite discovery and fast track the schedule in our case against NASCAR,” Jeffrey Kessler, both teams’ attorney, said in a statement. “Although we are disappointed that the preliminary injunction was denied without prejudice and as premature, which we intend to appeal, this denial has no bearing on the merits of our case. My clients will move forward to race in 2025 and continue to fight for a more fair and equitable system in NASCAR that complies with antitrust law.”

23XI currently operates full-time Cup cars for Bubba Wallace and Championship 4 contender Tyler Reddick. FRM has signed Noah Gragson and Todd Gilliland for 2025. Both teams expressed their interest in moving to three-car Cup teams for 2025 prior to the lawsuit, purchasing the charters vacated by the soon-to-close Stewart-Haas Racing.

About the author

Frontstretch.com

Rutherford is the managing editor of Frontstretch, a position he gained in 2015 after serving on the editing staff for two years. At his day job, he's a journalist covering music and rock charts at Billboard. He lives in New York City, but his heart is in Ohio -- you know, like that Hawthorne Heights song.

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Shayne

Seems like the only winners will be the attorneys.

Bob

Funny, NBA fans and in fact most people hold Michael Jordan in very high regard. However since he chose to challenge NASCAR, NASCAR fans think he is a big stinking pile of dog s___ and needs to go away. Just proof how ignorant the fans are, but of course these are the same people NASCAR said were racists and every single one said yep and sided with NASCAR. Not many sports can attack their fans and not lose one.