23XI/Front Row Re-File Preliminary Injunction Request with New Evidence
On November 8, Judge Frank D. Whitney denied the initial motion for a preliminary injunction from 23XI Racing and Front Row Motorsports in the teams' antitrust lawsuit against NASCAR but ruled that the teams could re-file the motion if additional evidence is found or circumstances change. On Tuesday, November 26, a new mound of court documents was filed in the case, which revealed that the teams have brought forth a second motion of preliminary injunction in the case.
Jeffrey Kessler, the attorney representing the race teams, issued a statement on Tuesday that new evidence was found, which led to the re-filing.
"Consistent with Judge Whitney's earlier ruling, 23XI and Front Row Motorsports are submitting a second preliminary injunction to the court with new evidence," Kessler said. "My clients are also seeking this relief to strike down the release language that NASCAR removed from its open agreements but still maintains in its charter agreements as part of its monopolistic control. I'm confident the court will act to protect my clients from NASCAR's anticompetitive conduct."
What are the teams fighting for with the motion for preliminary injunction? 23XI Racing and Front Row Motorsports would like to compete as Chartered teams under the 2025 Charter Agreement while the antitrust lawsuit is ongoing, because if the teams win the lawsuit, they'll likely have their Charter status restored.
The preliminary injunction being granted would seemingly not penalize the teams for bringing about an antitrust lawsuit against NASCAR, but the teams have to prove without a shadow of a doubt that they will incur irreparable damages if a preliminary injunction is not granted.
While the portion of the court documents containing the "new evidence" mentioned by Kessler is heavily redacted, currently, the teams do explain in the new documents that they have roughly three weeks to close on Charter acquisitions from the now-defunct Stewart-Haas Racing. The teams also state the need to appease sponsorship partners, who are requiring the teams to be Chartered cars per their agreements.
Previously, Kessler has also indicated that Tyler Reddick, who competed in the Championship 4 for 23XI Racing in 2024, has a clause in his contract allowing him to leave the team if his No. 45 car is not a Chartered entry.
NASCAR will have a chance to respond to the motion from the race teams. While no deadline has been set, the teams have requested a response from NASCAR by December 6, while NASCAR has requested the deadline be December 9.
If NASCAR files a reply, the teams will have a chance to respond.
The teams are asking for the next court hearing to be set for December 12 or 13, while NASCAR has left the court date up to the court's discretion.
Following the denial of their initial motion for preliminary injunction, the teams filed an expedited appeal on November 15. However, after NASCAR decided to remove a clause from its Open Team Agreement on November 16 which forbids Open teams from bringing an antitrust lawsuit against the sanctioning body, the teams opted to drop their appeal on November 21.
Now, the teams are seeking to have that same removal of clause added to the 2025 Charter Agreement.
Toby Christie is the Editor-in-Chief of Racing America. He has 15 years of experience as a motorsports journalist and has been with Racing America since 2023.