LAS VEGAS, NEVADA - OCTOBER 18: A detail view of the Front Row Motorsports logo on the hauler 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 on the hauler at Las Vegas Motor Speedway on October 18, 2024 in Las Vegas, Nevada. (Photo by Meg Oliphant/Getty Images) | Getty Images
#23 23XI Racing #34 Front Row Motorsports #35 23XI Racing #38 Front Row Motorsports #4 Front Row Motorsports #45 23XI Racing #67 23XI Racing 2024 Antitrust Lawsuit All News Cup News NASCAR charters

Teams preliminary injunction request now denied UPDATES

September 3, 2025 at 4:52 PM

UPDATE 3: Judge Bell has denied the teams’ request for a preliminary injunction since NASCAR said it will leave charters available should the teams win the lawsuit and be entitled to their return.

From the order: “With trial in this matter now less than three months away and the season on its proverbial last laps, NASCAR has agreed to extend those representations, in material effect. Therefore, as explained below and consistent with its earlier Order, the Court will deny Plaintiffs’ Motion for Preliminary Injunction based on the absence of irreparable harm. This will effectively maintain the status quo pending a final decision on the merits and any permanent injunctive relief following trial.”

…

“First, NASCAR has changed its “Open” racing rules in a way that guarantees that Plaintiffs will be able to fully participate in each of the remaining Cup Series races. While noting that NASCAR’s ability and willingness to make this “rule change” during the season reflects its full, private control over which teams can race in the Cup Series, the result is that Plaintiffs will be able
to race until the end of the season so they will suffer no harm in that regard. And, again, the loss of the “fixed” Charter payouts and the uncertainty of ongoing relationships with drivers and sponsors can either be compensated with money damages at trial or is simply inherent in the risks associated with the lawsuit. What will happen for the 2026 racing season will remain unsettled for everyone involved in the NASCAR Cup Series until after trial8 (or an earlier resolution among the Parties). Therefore, there is no irreparable harm with respect to the loss of “Charter rights” for the remainder of the 2025 Cup Series.” [Emphasis added]

8“The uncertainty about what the 2026 season will look like unfortunately exists not just for the Parties, but for the other teams, drivers, crews, sponsors, broadcasters and, most regrettably, the fans.”

Click here to download a copy of the order.

5110110-0–73610

UPDATE 2 – 9-3-2025: In a response to a Friday legal filing from NASCAR stating the Sanctioning Body would hold six ownership charters through the results of their antitrust lawsuit for 23XI Racing and Front Row Motorsports, the teams responded on Tuesday in advance of a ruling later in the week that will determine the status of several disputed charters.

23XI and Front Row suggested that NASCAR’s recent actions do not do enough to prevent imminent harm to their business and instead offered an alternative course of action in mediation.

…

In the filing, the two teams say they would withdraw the motion for a third preliminary injunction request if NASCAR continued to hold six charters available for 23XI and Front Row in the case they win the case.

NASCAR somewhat agreed to do this, but by creating four new charters – 37, 38, 39 and 40. 23XI and Front Row are asking that the six to be held are the six that they had at the start of the season.

Keep in mind that charters have value based on results from the previous season, so new charters would be less valuable than the ones they held up until this summer.

— Motorsport —

AND: The 13 teams that are chartered are becoming frustrated with the case — Bell warned last week the entire charter system is in danger of imploding if a settlement is not reached — and the non-suing teams believe their valuations are being harmed by the litigation.

Dan Towriss, the majority owner of the Spire Motorsports’ NASCAR team, as well as owner of Cadillac F1, Andretti Global and other motorsports properties, said he was “very disappointed with the direction” the lawsuit has taken.

“We had meetings with the NASCAR brass a few weeks ago and it’s ‘How can we help?’” Towriss said at last weekend’s IndyCar season finale. “What we saw (in court), what was released in that case is very inconsistent with what they (NASCAR) say privately. And so I need to understand, ‘Who am I dealing with? Which one is it? Is it the people we meet with privately, or is what you say when we’re not around?’”

Towriss said he’d also like to see NASCAR reach a settlement with 23XI and FRM.

— Associated Press —

STATEMENTS:

NASCAR:

“We welcome the court’s decision, which brings much-needed clarity to the remainder of the 2025 NASCAR season. For nearly 80 years, NASCAR and the France family have championed a bold vision by taking many personal and financial risks to build a sport that fuels livelihoods, inspires generations, and delivers world-class competition. That commitment remains unwavering, and we will continue to defend the integrity of NASCAR and preserve the values that have guided its growth. To the fans: We won’t let this lawsuit distract from what matters most — delivering the unforgettable moments you’ve come to expect from our great sport and crowning the next NASCAR Cup Series champion on November 2.”

Jeffrey Kessler, attorney for 23XI Racing and Front Row:

“We are grateful that Judge Bell has made clear that the status quo is being maintained — protecting my clients’ rights to regain their charters if they prevail at trial and ensuring their ability to continue racing through the 2025 season based on NASCAR’s commitments. Equally important, Judge Bell reaffirmed his broad power to order meaningful changes in NASCAR should we succeed, so that teams, drivers, sponsors, and fans can benefit from a sport positioned for long-term growth and restored competition. We are ready to present our case at trial in December.”

UPDATE – 8-29-2025: The Associated Press reports that NASCAR has entered a new filing today that they will not:

  1. As NASCAR stated in the above-referenced hearing and confirms in this Notice, it will not change Rule 7.9.1.1.C, which provides that up to six Open Teams will be eligible for starting grid positions based on the highest ranked Team Owner Points standings, for the remainder of the 2025 Cup Series Season;

  2. NASCAR represents it will not issue, sell, convey, or lease any additional Charters for the 2025 Cup Series season;

  3. NASCAR represents that, without Court approval, it will not effectuate a sale, conveyance, or lease of either of two (2) inactive Charters, which were previously held by Stewart-Haas Racing; and

  4. NASCAR represents it will not issue, sell, convey, or lease more than four (4) additional Charters for the 2026 Cup Series season.

NASCAR says this makes the teams’ request for an injunction moot because this will leave six charters available until the lawsuit is decided. The teams will respond by September 2.

ORIGINAL POST 8-29-2025: Both sides sparred in a spicy 2-hour hearing over whether the teams should have their charter status reinstated and whether NASCAR should be allowed to issue one of their charters to another team for 2026.

…

Judge Kenneth Bell urged the sides to settle the preliminary injunction issues before he rules next week because he doesn’t want to make a decision yet on the likelihood of success. To issue the injunction, he must find that 23XI and FRM have a likelihood of success and would suffer irreparable harm if they don’t get the injunction.

As they argued over likelihood of success, things got a little NSFW with the showing of internal emails and texts from both sides.

…

As far as irreparable harm, the judge seemed conflicted. NASCAR can increase the number of charters from 36 to up to 40 with the teams having a right of first refusal and as long as the teams still get paid the amount of money originally promised.

…

NASCAR did say that if they sell one of the charters that 23XI or FRM bought at the end of last year from Stewart-Haas Racing, that the team would be reimbursed for the purchase price.

Bell also delivered several messages during the hearing:
–That the case will not be decided at the summary judgment phase as there are clear disputes of fact. If it is not settled, they will go to trial in December.
–If either side is certain it will win at trial, that is clearly a wrong feeling.
–That anything presented at trial will be public.
–That if NASCAR loses the case, NASCAR will look much different than it did prior to 2026.

See much more at Fox Sports.

AND:  See the Associated Press, Motorsport, check out Jayski’s article links page for everything else we can find on the details.

Also see former articles about the lawsuit here.