A judge ruled Nov. 8 that 23XI Racing and Front Row Motorsports have been denied their preliminary injunction to operate as NASCAR Cup Series chartered teams while they pursue their antitrust lawsuit against NASCAR, according to a court briefing.
The ruling came after a Nov. 4 hearings in which attorneys for both NASCAR and for the teams argued their sides.
“At this time, Plaintiffs have not met their burden as required for a preliminary injunction,” the court’s statement reads, signed by judge Frank D. Whitney. “Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction.”
In the briefing, the court expressed intent to fast track the case, directing both partners to file an answer by Dec. 2 and to conduct its attorneys conference by Dec. 16.
Both 23XI and FRM were seeking to operate their chartered Cup teams as usual in 2025, even while their joint lawsuit against NASCAR continues, alleging antitrust and anti-competitive practices concerning the sanctioning body’s charter agreements, refusing to sign the updated 2025 agreement.
The teams allege that they will experience “irreparable harm,” per the filing, should they be forced to compete as open teams in 2025 rather than as chartered, among other hardships. The judge disagreed with the notion, writing that neither team had been able to prove that the harm was anything more than speculative.
Neither team has responded to the judge’s ruling.
23XI currently operates full-time Cup cars for Bubba Wallace and Championship 4 contender Tyler Reddick. FRM has signed Noah Gragson and Todd Gilliland for 2025. Both teams expressed their interest in moving to three-car Cup teams for 2025 prior to the lawsuit, purchasing the charters vacated by the soon-to-close Stewart-Haas Racing.
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