LAS VEGAS, NEVADA - OCTOBER 18: A detail view of the Front Row Motorsports logo at Las Vegas Motor Speedway on October 18, 2024 in Las Vegas, Nevada. (Photo by Meg Oliphant/Getty Images) | Getty Images
LAS VEGAS, NEVADA - OCTOBER 18: A detail view of the Front Row Motorsports logo at Las Vegas Motor Speedway on October 18, 2024 in Las Vegas, Nevada. (Photo by Meg Oliphant/Getty Images) | Getty Images

23XI Racing and Front Row Motorsports drop appeal of preliminary injunction ruling UPDATES

UPDATE 5: 11-26-2024: 23XI Racing and Front Row Motorsports have refiled their preliminary injunction request with the court.

The teams’ statement says they have submitted new evidence and are asking to string down the release that NASCAR has removed from open agreements but still maintain for charter agreements.

UPDATE 4: 11-21-2024: Fox Sports’ Bob Pockrass reports that the teams have dropped their appeal of the preliminary injunction denial.

See the court filing at Kickin the Tires.

UPDATE 3 – 11-16-2024: NASCAR will allow 23XI Racing and Front Row Motorsports to sign the open race team agreement while continuing to pursue an antitrust lawsuit. The appeal to preliminary injunction is continuing for the same conditions to sign the charter agreement.

“We are pleased to announce that NASCAR has removed the anticompetitive release requirement in its open agreement, which will now allow 23XI and Front Row Motorsports to race as open teams in 2025,” Jeffrey Kessler said in a joint statement from 23XI and Front Row. “My clients will continue their appeal to the 4th Circuit to issue an injunction so that they can run as chartered teams therefore avoiding irreparable harm.”

UPDATE 2 (11-12-2024): 23XI Racing and Front Row Motorsport have officially filed an appeal of judge’s denial of their request for a preliminary injunction that would all them to run as charter teams while the lawsuit continues.

UPDATE 11-8-2024: The judge overseeing the antitrust case brought against NASCAR by 23XI Racing and Front Row Motorsports has denied the team’s motion that NASCAR continue to allow them to operate as chartered teams while the lawsuit is underway.

A portion of the ruling reads: “At this time, Plaintiffs have not met their burden as required for a preliminary injunction. Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction. Therefore, the Court denies Plaintiffs’ motion without prejudice. However, the Court intends to assign this case to the fast track as defined in this Court’s standing orders. The Court DIRECTS Defendants to file an answer by the already-established responsive pleading deadline of December 2, 2024, even if it is accompanied by a motion to dismiss. The Court also DIRECTS the parties to conduct the Initial Attorneys Conference as soon as possible after the responsive pleading is filed and to file the Rule 26(f) report no later than December 16, 2024, so that a case management order
can promptly issue”

AND: The teams’ statement:

ORIGINAL POST 11-4-2024: The judge assigned to the antitrust case filed by Front Row Motorsports and 23XI Racing against NASCAR did not make a decision during a hearing Monday on the teams’ request for a preliminary injunction.

The teams want NASCAR to allow them to continue to run as chartered cars while the case proceeds.  NASCAR says the teams did not sign the charter agreements so they need to compete as open teams.

A decision will likely be made before Friday.