NASCAR Responds to Expedited Appeal Request From 23XI and FRM

What’s Happening?

NASCAR has responded to 23XI Racing and Front Row Motorsport’s request for an expedited appeal of the Nov. 8 ruling that the teams will not get their preliminary injunction. NASCAR’s response outlines what the offseason for the two teams could look like.

• NASCAR’s response obviously does not agree with the team’s request for expedited discovery. However, if the teams do not get their expedited appeal, the appeal could flow into next year. The teams filed a formal notice that they will appeal the decision on Nov. 11.
• The teams would like the process to begin this week and continue into early December. NASCAR would like it to begin in late December and continue into January or even later. Of course, beginning the appeal in the waning weeks of November would conflict with the Thanksgiving holiday, something NASCAR makes note of in their response.
• Friday, in their request for an expedited appeal, the teams claimed that they are experiencing irreparable harm. Claiming they cannot assure their driver, sponsors, and fans they will race as chartered teams in 2025. However, on Saturday, NASCAR sent the teams an “open” team agreement without a clause releasing NASCAR from legal claims.
• The teams initially filed for this preliminary injunction to race as chartered teams without this release. If not, the two teams essentially had to sign the agreement to run or drop their antitrust lawsuit. The two teams claimed that even though the open car agreement contained this release, the one they have now signed does not.
• The preliminary injunction would allow the teams to race as Chartered teams during the antitrust lawsuit. Charter-owning teams share revenue with NASCAR and automatic entry into every NASCAR Cup Series Points race. Open teams race under traditional terms, taking home their share of the purse and having to qualify their way into races on speed.
• In order to get this injunction, the teams need to prove irreparable harm. In the Nov. 4 hearing, the teams claimed that they could lose drivers like Tyler Reddick and revenue sharing if they do not race as chartered teams in 2025. While this was not the only claim of irreparable harm, it stuck out the most to fans.

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