NASCAR Claims 23XI and FRM “Do Not Assert That Any of These Drivers Actually Plan to Leave”

What’s Happening

Monday Night NASCAR Filed a response to 23XI Racing and Front Row Motorsport’s re-filed preliminary injunction motion. The two teams filed this new motion on Nov. 27 under “new circumstances” with several sections redacted.

Plaintiffs fail to demonstrate “present, immediate, urgent irreparable harm.” Their new evidence presents only vague “possibilities”: drivers “can” leave, sponsors “may” withdraw, and Plaintiffs’ businesses “might” be harmed. – Page 6

• This recent filing from NASCAR once again claims that the teams’ new claims of irreparable harm—what they have to prove to get this injunction—are speculative and vague. The teams initially filed this preliminary injunction on Oct. 9, argued on Nov. 4, denied on Nov. 8, and dropped on Nov. 20.
• This injunction would allow the teams to compete as chartered teams throughout their ongoing antitrust suit with NASCAR. It would also remove a release provision from the 2025 NASCAR Charter Agreement, waiving NASCAR of any antitrust claims.
• Another major storyline is the ongoing debate on whether or not NASCAR should transfer the teams their new Charters purchased from Stewart-Haas Racing. This recent filing claims that these transfers “would need to be arbitrated.”
• Furthermore, NASCAR’s filing claims that no drivers are planning to leave the teams. On Nov. 4, 23XI and FRM’s lawyer, Jeffery Kessler, claimed that drivers like Tyler Reddick and sponsors could leave the teams if they do not have their Charters.
• When the teams re-filed their injunction on Nov. 27, the “new circumstances” section was heavily redacted. Many fans took this to mean that a major driver for either team could be on the move.
• However, in a highly redacted section of Monday’s filing, NASCAR clarifies that neither team is actively facing the loss of a driver. On page seven, NASCAR states, “But, as with Reddick, Plaintiffs do not assert that any of these drivers actually plans to leave.”
• We have covered this lawsuit extensively via the timeline 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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