The U.S. Court of Appeals ruled in favor of NASCAR in its ongoing lawsuit against 23XI Racing and Front Row Motorsports June 5, removing the injunction that required NASCAR to treat the two organizations as chartered teams.
The vacating of the lower court’s injunction means NASCAR can now view 23XI and FRM’s NASCAR Cup Series as non-chartered open teams.
Both organizations field three full-time cars in the series in 2025.
“In entering a preliminary injunction in this case, the district court held that the plaintiffs were likely to succeed on the merits of their antitrust action against NASCAR and its CEO, Jim France, because NASCAR, as an alleged monopolist, required the plaintiffs, as a condition of doing business with them, to enter into a release for past conduct,” circuit judge Paul Niemeyer stated in court documents. “Because that theory of antitrust law is not supported by any case of which we are aware, we conclude that it was not a likely basis for success on the merits and vacate the injunction.”
The teams will have 14 days to request a rehearing in front of all of the appeals judges.
“We are disappointed by today’s ruling by the Fourth Circuit Court of Appeals and are reviewing the decision to determine our next steps,” 23XI/FRM attorney Jeffrey Kessler said in a release later on June 5. “This ruling is based on a very narrow consideration of whether a release of claims in the charter agreements is anticompetitive and does not impact our chances of winning at trial scheduled for Dec. 1.
“We remain confident in our case and committed to racing for the entirety of this season as we continue to fight to create a fair and just economic system for stock car racing that is free of anticompetitive, monopolistic conduct.”
Jake Altmayer joined the Frontstretch team in 2025, assisting as a news writer and contributing to other weekly columns and articles, such as Friday Faceoff and Xfinity Breakdown. A 2024 graduate of DePaul University, Altmayer has closely followed NASCAR's national series (Cup, Xfinity and Trucks) for nearly a decade and has attended more than a dozen races over the course of that time. In his free time, he enjoys cycling, spending time with his loved ones, and listening to his favorite band, the Beach Boys.