Here’s What Happened This Week With the NASCAR Vs. 23XI/FRM Lawsuit

In early October, two NASCAR Cup Series teams — 23XI Racing and Front Row Motorsports — filed a joint antitrust lawsuit against NASCAR, alleging not just antitrust but also anticompetition practices centered on the Cup Series’ charter system.

This week, one of the major shoes in the ongoing lawsuit dropped, as both sides met in court to discuss a preliminary injunction filed by 23XI and FRM that would allow the teams to continue to operate as chartered organizations for 2025.

By the end of the week, the judge had made his ruling on the injunction, with more to come as the lawsuit rolls on.

Here’s everything you need to know regarding the case this week.

• On Monday, Nov. 4, the teams and NASCAR met in court for the first time, with 23XI and FRM requesting a preliminary injunction that would allow the teams to run as chartered entries during the 2025 season during the duration of the case.

• Jeffrey Kessler, the lawyer representing 23XI and Front Row, said that NASCAR is only choosing to fight against the injunction ruling because the sanctioning body does not believe it has a winnable case in front of it.

• Judge Frank Whitney said he would have a ruling on the case by Friday (Nov. 8), two days before 23XI driver Tyler Reddick competes for the Cup championship at Phoenix Raceway.

• Sure enough, on Nov. 8, Whitney reached a decision, ultimately denying the teams’ request for the injunction. The teams immediately announced their intent to appeal the ruling.

• “We are pleased with the court’s decision to expedite discovery and fast track the schedule in our case against NASCAR,” Kessler said in a statement. “Although we are disappointed that the preliminary injunction was denied without prejudice and as premature, which we intend to appeal, this denial has no bearing on the merits of our case. My clients will move forward to race in 2025 and continue to fight for a more fair and equitable system in NASCAR that complies with antitrust law.”

• Whitney wrote that, “Although plaintiffs have alleged that they will face a risk of irreparable harm, they have not sufficiently alleged present, immediate, urgent irreparable harm, but rather only speculative, possible harm. That is, although plaintiffs allege they are on the brink of irreparable harm, the 2025 racing season is months away — the stock cars remain in the garage.”
• The court said it will expedite the case. Both NASCAR and the teams have been…