NASCAR Wants to Pause Implementation of 23XI and FRM’s Injunction Ruling During Appeal

What’s Happening?

NASCAR will appeal Wednesday’s ruling awarding 23XI and FRM Charter status in 2025. Furthermore, NASCAR is also motioning for a partial stay of the injunction until the appeal can be heard, with one key exception.

Update: Dec 20: NASCAR initially requested the Judge hear this Friday, however, the hearing will be Monday. The judge further ruled that the transaction transferring the SHR Charters to the teams, if it has yet to happen, wait until Monday’s ruling.

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• This appeal is no shock, as most expected NASCAR to do so after Wednesday’s monumental victory for the defendants. NASCAR won the first injunction battle. However, the new judge in this case, Kenneth Bell, felt the teams now have adequate evidence. He granted them their re-filed preliminary injunction this week. Now, NASCAR will appeal this decision.
• In doing so, NASCAR wants to “stay” or delay a specific portion of this injunction until the appeal process is over. This stay would delay the enforcement of Wednesday’s ruling, the transfer of Stewart-Haas Racing Charters to the teams, and Charter benefits. In exchange, NASCAR will guarantee entry into every NASCAR Cup Series race for two cars for both teams.

Background

• Wednesday’s ruling is part of a larger antitrust lawsuit the two teams filed against NASCAR on Oct. 2. Alongside this lawsuit, the two teams motioned for a preliminary injunction to race as chartered teams throughout the lawsuit.
• The teams lost their initial filing but re-filed under new circumstances on Nov. 27. This filing proved to be the right call for the team as the judge ruled in favor of them, granting them the ability to sign the 2025 NASCAR Charter Agreement, minus a release provision waiving antitrust claims teams may have against NASCAR.

While NASCAR has been adamant about not allowing these teams their charters, telling the court they plan to proceed with 32 Charters in 2025, the sport is even more adamant about not transferring the teams their new Charters from Stewart-Haas Racing. Wednesday’s ruling confirmed that barring this appeal and the potential stay, the teams will get these Charters as well.

We have covered this lawsuit extensively via the timeline linked below. This is a developing story and will be updated as new information is available.

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