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23XI, FRM File Appeal of Denial of Preliminary Injunction

23XI Racing and Front Row Motorsports will appeal the denial of their preliminary injunction in their lawsuit against NASCAR, per court documents filed Nov. 12.

Representatives for the two NASCAR Cup Series teams formally filed a notice of appeal to the U.S. Court of Appeals, submitted by the teams’ attorney, Jeffrey Kessler, and law firm Winston & Strawn LLP.

23XI and FRM are appealing last week’s denial of the preliminary injunction that would’ve allowed the two organizations to continue competing in the Cup Series in 2025 as chartered teams.

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In a Nov. 8 ruling denying the injunction, the court said that the teams had not sufficiently proven claims that they would be adversely affected by non-chartered status in 2025.

23XI and FRM are suing NASCAR for what they deem antitrust and anticompetitive practices by the sanctioning body with regards to its charter system.

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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

23XI and FRM might not be on the track next season. Imagine that for a minute. IMO, both teams have harmed themselves. The respective drivers and employees might find themselves unemployed. All this for a few more crumbs. The damage is self-imposed. Let the game continue.

DoninAjax

More money for the lawyers who will keep this going as long as they can!

Last edited 1 month ago by DoninAjax
Kevin in SoCal

What happens if they race next year, unchartered, then they win the case later in the year? Does NASCAR give them back all the prize money they would have won if they were chartered? I doubt it.

Shayne

As it stands now, they can’t race unchartered unless they sign an agreement not to sue NASCAR. The judge will have to grant an injunction to allow them to compete unchartered or otherwise.

Kevin in SoCal

So basically, they can’t race while they’re suing NASCAR? Wow.

Charlie

They will lose again. Mesmerized by an egotistical attorney and Michael Jordan, who I assure you the judge could care less who he is, and neither will the appeals court in Richmond. This thing will be dead by April. The only thing is poor Bob Jenkins will be out a ton of money.
Funny (metaphorically) thing is they will pay NASCAR’S attorney fees,
NASCAR has many flaws, but it is a wholly-owned, private company. You don’t have to play, they allow you to by selling you a license. You can form your own league, rent tracks, and give it a go.
Sad for Bob Jenkins.

Echo

Why be sorry for him !! He didn’t have to play the game, he chose to. fool