23XI Racing, Front Row Motorsports Drop Appeal of Injunction Denial
23XI Racing and Front Row Motorsports have decided to drop its current appeal over the preliminary injunction request denied by Judge Frank D. Whitney, which would have allowed the teams to compete as Chartered Entries, or at least have the language changed in the Open Agreement.
The documents, which were filed on Wednesday, November 20, indicate that "circumstances have changed in the underlying case, removing the need for this appeal and necessitating Appellants to seek new relief from the district court.”
Jeffrey Kessler, the lead attorney for 23XI and FRM, released a statement on Saturday indicating that NASCAR has, of their own volition, taken the anticompetitive release language off the Open Agreement for the 2025 NASCAR Cup Series campaign.
As a result of this breakthrough, 23XI Racing and Front Row Motorsports will be permitted to run as open entries in the NASCAR Cup Series next season, without having to forfeit their rights to an antitrust lawsuit, like the one in which they are currently entrenched.
The concession made by NASCAR does make the appeal unnecessary for the teams, who are no longer blocked from competing as Open Entries.
“Appellants respectfully request that the court grant the voluntary dismissal of this appeal, along with the accompanying motion to expedite, with each side bearing its own costs. Appellants understand that this proceeding will be dismissed and cannot be reinstalled at a later date.”
Both organizations have made announcements regarding their 2025 NASCAR Cup Series plans this week. Front Row Motorsports confirmed that Todd Gilliland will move to the flagship No. 34, while 23XI Racing confirmed the addition of Riley Herbst.
At this time, there is still no indication of what will happen with the two Charters that were purchased (one apiece from Front Row Motorsports and 23XI Racing) from Stewart-Haas Racing. NASCAR, however, has stated plans to run the 2025 season with only 32 Chartered Entries.
As outlined when Judge Frank D. Whitney denied the injunction request, 23XI Racing and Front Row Motorsports are eligible to file again, should circumstances change that would show irreparable harm to the organizations should they not be allowed to race as Chartered Entries in 2025. It is unknown if another injunction will be filed.
For the time being, 23XI Racing and Front Row Motorsports will run their combined six NASCAR Cup Series entries without charters -- which give teams financial benefits and a guaranteed spot in the field.
