Here’s What Happened in the 23XI/FRM vs. NASCAR Lawsuit This Week (July 6-11)

The antitrust lawsuit case between 23XI Racing and Front Row Motorsports versus NASCAR continued this week, and the teams learned that their petition for a rehearing in the U.S. Court of Appeals was denied.

Here’s a breakdown of what happened this week.

• On Tuesday (July 8), the teams asked for a time extension to respond to NASCAR’s amended counterclaim, which was filed back on May 8. The teams had previously filed for a dismissal of the counterclaim, but that was denied on June 23.

• The following day (July 9), the U.S. Court of Appeals Fourth Circuit denied the 23XI/FRM request for a rehearing of the appeal. This request was made after NASCAR won the appeal, which would remove the preliminary injunction.
  • Naturally, questions about the status of the teams as chartered or open are up in the air, because the teams could lose their charters for the next weekend’s race at Dover Motor Speedway.
  • Attorney Jeffrey Kessler released this statement:

Statement from 23XI/Front Row attorney Jeffrey Kessler on appeal court denial of their request for rehearing on the injunction reversal. The teams possibly will have to race as open (having to qualify to get in race if more than 40 cars, receive less money) next week at Dover. pic.twitter.com/Ds2Ag9T0U6

— Bob Pockrass (@bobpockrass) July 9, 2025

• Before the week ended, the teams made another filing on Friday (July 11). The document is another motion to seal, and it says the teams “intend to file a motion for a temporary restraining order and for a preliminary injunction, which will include record evidence further supporting” their claims and reasoning to be granted an injunction.
  • The Friday filing indicated the teams plan to file confidential documents, and they want to submit unredacted documents that would be placed under seal.
  • This motion to seal is preemptive, and the motion for an injunction and restraining order has not been filed yet.