Just before championship conversations swallowed the NASCAR world at Phoenix Raceway, one of the first major rulings came in the 23XI Racing and Front Row Motorsports antitrust lawsuit against NASCAR.
On Friday, Nov. 8, U.S. District Court Judge Frank Whitney denied the injunction, ruling that the teams “have not met their burden required for a preliminary injunction.” The ruling did become a topic of conversation for Denny Hamlin in his media availability the following day.
Here are some of the words – and steps – exchanged in the week since.
- During Hamlin’s media availability on Saturday, Nov. 9, NBC Sports’ Dustin Long asked if Hamlin was “confident” 23XI will race at the Clash or the Daytona 500. Hamlin responded, “I think it’s all TBD. There’s certain agreements that we’re going to have to navigate, so I hope so.”
- “We were obviously pleased with the ruling that the judge sees merits in the case,” Hamlin also said. “He’s going to move forward to expedite it, expedite the discovery side of it, which is a reverse from what he had before. … Obviously he understands the complexity of it, and obviously understands that the situation is fluid and we obviously could see some pretty bad harm coming up.”
- The teams initially stated that they planned to run the 2025 season no matter what, but there is some concern as to whether or not teams can still run as open cars while bringing litigation against NASCAR.
- Frontstretch’s Stephen Stumpf asked Bubba Wallace if things would proceed as normal by the time Daytona rolls around. “That’s what I’ve been told,” Wallace replied. “Honestly, I’m not on social [media], so the updates that you’re saying to me right now is new news to me, so we’ll keep on racing, as long as they call me back.”
- “It’s very hard to not feel a slight bit of uncertainty,” said Todd Gilliland, who is slated to become the team veteran at Front Row Motorsports in 2025. “From our team and all that, it’s always been the same message to us, is that we’re going to keep pushing forward, and just continue to do your job.”
- While that occurred before Sunday’s (Nov. 10) championship race, 23XI and FRM filed an appeal to the preliminary injunction denial earlier this week, on Tuesday, Nov. 12.
- The appeal is set for the U.S. Court of Appeals (Fourth Circuit), and Bob Pockrass reported that 23XI and FRM requested on Nov. 14 that the oral arguments to be expedited. If this happens, they would take place during the next scheduled session for hearings, which would be between Dec. 10 and Dec. 13.
- The December date is important because the Fourth Circuit’s next session wouldn’t take place until Jan. 28, 2025, just a few days before the Clash at Bowman-Gray Stadium.
- From the filing: “Irreparable harm has already begun because Appellants 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 filing also adds the two teams “either risk releasing their antitrust rights in this action or be out of business from competing as premier stock car racing teams.”
- NASCAR has opposed this request, claiming the “standard briefing schedule is reasonable and appropriate.” Pockrass reports the earliest the appeal could be heard without expedition is March 18.
About the author
Caleb began sports writing in 2023 with The Liberty Champion, where he officially covered his first NASCAR race at Richmond in the spring. While there, Caleb met some of the guys from Frontstretch, and he joined the video editing team after graduating from Liberty University with degrees in Strategic Communications and Sports Journalism. Caleb currently work full-time as a Multi-Media Journalist with LEX 18 News in Lexington, Kentucky and contributes to Frontstretch with writing and video editing. He's also behind-the-scenes or on camera for the Happy Hour Podcast, live every Tuesday night at 7:30!
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Poor Denny. The Judge cited lack of evidence for a preliminary injunction and the appeal was denied. How he sees that as a positive is beyond me.
This is not the same as US Womens Soccer, the NCAA, NBA, NFL, MLB.
I predict his Honor Whitney will throw a fastball in no later than May and dismiss the suit outright.
And MJ, Denny, and Bob Jenkins will assume the position in front of Lesa Kennedy and Jim France and whack, thank you sir, may I have another; whack, thank you sir, may I have another.
And this egotistical attorney will head north, his private parts metaphorically in his ears and a high-pitched voice.
Poor Bob Jenkins. Knowing MJ, he will have to foot the bill.
Remember all those NBA championships the Wizzards (which Jordan had a hand in) and the Hornets won? I didn’t think so
Hamlin will still have a job driving for JGR next season. Can’t say that about Wallace, Reddick, and the rest of the 23XI employees.
Guess your not a Jordan / Hamlin fan?? Usually called a hostile witness in legal terms… I’m worried your “fastball” from a NA$CAR friendly judge will taint this whole thing.
This is just starting, not ending anytime soon.
“Guess you’re not a jordan/Hamlin fan”?? Who would be? Jordan, although a great player, was railroaded out of the NBA and sent to his phony penance MLB for his gambling issues. Hamlin, has spent his whole career disparaging other drivers and touting his own greatness. Boring! Do they have any fans?
Caleb deleted my response to you. I gave you a thumbs up and comment yesterday.
I know this judge’s reputation. He knows the law and I assure you cares less about Jordan, NASCAR or anything else. It is not tainted and WILL BE TOSSED! It also matters not whether I am a fan. I analyze the situation, removing passion of fandom, make a decision.
You are the fan. FYI, I happen to like both but am a fan of no one but me.
“We are pleased to announced NASCAR has removed the anticompetitive release requirement in its open agreement, which will now allow 23XI and Front Row Motorsports to race as open teams in 2025,” Jeffrey Kessler said in a joint statement from 23XI and Front Row. “My clients will continue their appeal to the 4th Circuit to issue an injunction so that they can run as chartered teams therefore avoiding irreparable harm.”
They should be able to qualify and make the races now, but will receive much less money. I wonder if the lawyers will reduce their fees accordingly?
Honestly, that seems fair. They were offered a contract and refused to sign it. Not sure how one can expect to maintain favorable financial agreements when the old contract has expired and you haven’t signed a new one. That NASCAR is making moves to allow them to race is, IMO, generous and not required. Bill France Sr (or Jr) would have just told them to pound sand, and that would likely be the nicest move either would have made.
I don’t think NASCAR is trying put them out of business, even if the court rules in NASCAR’s favor. That wouldn’t help either side. 23XI and FRM better hope they have a leg to stand on because IMO,NASCAR will kick the stool out from beneath them if necessary.
True, it’s got to be a delicate dance because they need/want to keep the sponsors 23XL and FRM have happy and committed to NASCAR.