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23XI and FRM Will Re-file Preliminary Injunction Motion

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Kauy Ostlien

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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 Daily Downforce is Hiring

  • 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.

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The Daily Downforce is Hiring

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Picture of Kauy Ostlien

Kauy Ostlien

All Posts