Here’s What Happened This Week With the 23XI/FRM Vs. NASCAR Lawsuit (Nov. 16-22)

A swirl of NASCAR news, from driver announcements to team name and track layout changes, have occupied the headlines this week. A number of updates on the 23XI Racing and Front Row Motorsports antitrust lawsuit against NASCAR mixed in with the rest of this week’s events.

Where we left of last Friday, the two teams had concerns about their ability – or lack thereof – to run the 2025 season as open cars.

Here’s a breakdown of what all has taken place in the week since.

• An extra note: last Friday Nov. 15, NASCAR and its defense team added appellate attorney Gregory Garre.

• Saturday (Nov. 16) morning, 23XI and Front Row released a statement confirming that NASCAR had “removed the anticompetitive release requirement” for open teams, and 23XI/FRM confirmed they would race in 2025.

• 23XI/FRM attorney Jeffrey Kessler added that the appeal to the 4^th Circuit would continue, and “both race teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all.”

Statement from 23XI and Front Row Motorsports ownership. pic.twitter.com/KPQom3IqlR

— 23XI Racing (@23XIRacing) November 16, 2024

• On Nov. 18 (Monday), Garre wrote NASCAR’s opposition to 23XI/FRM’s request to expedite the appeal to the preliminary injunction denial. In the filing, Garre actually clarified that the claims release for open cars had been removed. Garre wrote, “NASCAR provided teams with the 2025 open team agreement last week, and it does not include any release of claims provision.”

• Garre also added the expedition appeal should be denied based “on the entirely impractical and unnecessary schedule they have proposed,” factoring in the upcoming holidays of Thanksgiving and Christmas.

• NASCAR’s ensuing proposed schedule had their briefs taking place Nov. 25, Dec. 23, and Dec. 30 with oral arguments taking place on Jan. 26, 2025, at the earliest.

• Kessler and 23XI/FRM responded that same day, claiming the holidays are unavoidable, and NASCAR’s “proposed schedule is too late to prevent irreparable harm.”

• Kessler also claimed NASCAR attempted to “obstruct the appeal” by removing the claims release for open teams after the 23XI/FRM appeal as a way to nullify appeal since “open agreements no longer contain the offending release.”

• To simplify, 23XI/FRM’s preliminary injunction appeal would no longer matter because there were no longer concerns to whether or not the teams would be allowed to compete as open teams in 2025.

• “The basis for the preliminary injunction was not about the open agreements,” Kessler followed. “It was about the irreparable harm that [23XI/FRM] will incur without the Charter Agreements.”

• In the midst of these arguments, both teams made announcements about their on-track personalities for 2025, beginning Tuesday (Nov. 19) when Front Row Motorsports announced Todd Gilliland would be switching over to the flagship No. 34 car.

The Love's legacy continues.@ToddGilliland_ will pilot the No. 34 @LovesTravelStop Ford Mustang Dark Horse in 2025. pic.twitter.com/KmUpxiDS2f

— Front Row Motorsports (@Team_FRM) November 19, 2024

• The following day (Nov. 20), 23XI Racing announced Riley Herbst would be the driver of its third car, sporting the No. 35 on the side of his Toyota Camry.

35 let’s roll pic.twitter.com/F1EHrKcK9o

— Riley Herbst (@rileyherbst) November 21, 2024

• The charter scenario is still unclear, as NASCAR announced plans to honor 32 of the 36 original charters for next season, leaving the four charters for 23XI and FRM out of the equation. However, both teams planned to pick up a charter from Stewart-Haas Racing, so we wait to see whether or not those two new cars will be covered under the new charter agreement.

• Later in the day Wednesday, 23XI and FRM filed a motion to dismiss their appeal.

• “Circumstances have changed in the underlying case, removing the need for this appeal,” Kessler wrote.

• NASCAR filed Thursday that it did not oppose the motion to dismiss the appeal. 

• Friday (Nov. 22), Martin Truex Jr. shared that 23XI will no longer field a car for him in the 2025 Daytona 500, and instead “JGR is doing it somehow.”

• Also on Friday, 23XI/FRM filed a motion to seal in order to protect sensitive business information pertaining to the team, drivers, sponsors and other partners. The motion was granted.

• In the motion, Kessler wrote 23XI/FRM “intend to file a motion for preliminary injunction in the district court with additional evidence of changed circumstances.