23XI and FRM Will Re-file Preliminary Injunction Motion

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23XI and FRM Will Re-file Preliminary Injunction Motion

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.

23XI/Front Row will re-file their motion for preliminary injunction. In motion asking to be able to seal portion of it, they state “Plaintiffs intend to file a motion for preliminary injunction in the district court with additional evidence of changed circumstances.”
— Bob Pockrass (@bobpockrass) November 22, 2024

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

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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