23XI and FRM Will Re-file Preliminary Injunction Motion

What’s Happening

In the same week that they dropped their appeal of the judge’s Nov. 8 preliminary injunction ruling, 23XI Racing and FRM are re-filing their preliminary injunction motion to race as chartered teams through their broader Oct. 2 antitrust suit with NASCAR.

• According to Bob Pockrass of Fox Sports, the two teams are re-filing this motion “with additional evidence of changed circumstances.” Furthermore, they are requesting to seal certain portions of the motion.
• In his Nov. 8 ruling in favor of NASCAR, Judge Frank D. Whitney said that the two teams could re-file their motion “should circumstances change.” When the teams dropped their appeal of this decision on Nov. 20, they stated:

“Circumstances have changed in the underlying case, removing the need for this appeal and necessitating Appellants to seek new relief from the district court.”

• The circumstances that changed are assumed to be proof of irreparable harm. The teams’ most notable previous proof of irreparable harm was a claim in the Nov. 4 injunction hearing. In that hearing, Jeffery Kessler claimed sponsors and drivers, such as Tyler Reddick, can leave the teams if they race unchartered.
• Something of this nature may have happened following the Nov. 8 ruling, and the teams are going back to the court with developing facts rather than “speculative impacts.” This may be why they want to seal certain portions from the public.
• The two sides have already agreed to seal other documents involved in the case, so perhaps this will happen.
• We have covered this lawsuit extensively, and the timeline is linked below.

Michael Jordan’s 23XI vs NASCAR: The Complete Timeline

Michael Jordan’s 23XI vs NASCAR: The Complete Timeline

What’s Happening? The 23XI Racing and Front Row Motorsports lawsuit will continue for some time. However, many developments will occur along…

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