Here’s What Happened This Week With the 23XI/FRM Vs. NASCAR Lawsuit (Nov. 16-22)

A swirl of NASCAR news, from driver announcements to team name and track layout changes, have occupied the headlines this week. A number of updates on the 23XI Racing and Front Row Motorsports antitrust lawsuit against NASCAR mixed in with the rest of this week’s events.

Where we left of last Friday, the two teams had concerns about their ability – or lack thereof – to run the 2025 season as open cars.

Here’s a breakdown of what all has taken place in the week since.

• An extra note: last Friday Nov. 15, NASCAR and its defense team added appellate attorney Gregory Garre.

• Saturday (Nov. 16) morning, 23XI and Front Row released a statement confirming that NASCAR had “removed the anticompetitive release requirement” for open teams, and 23XI/FRM confirmed they would race in 2025.

• 23XI/FRM attorney Jeffrey Kessler added that the appeal to the 4^th Circuit would continue, and “both race teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all.”

• On Nov. 18 (Monday), Garre wrote NASCAR’s opposition to 23XI/FRM’s request to expedite the appeal to the preliminary injunction denial. In the filing, Garre actually clarified that the claims release for open cars had been removed. Garre wrote, “NASCAR provided teams with the 2025 open team agreement last week, and it does not include any release of claims provision.”

• Garre also added the expedition appeal should be denied based “on the entirely impractical and unnecessary schedule they have proposed,” factoring in the upcoming holidays of Thanksgiving and Christmas.

• NASCAR’s ensuing proposed schedule had their briefs taking place Nov. 25, Dec. 23, and Dec. 30 with oral arguments taking place on Jan. 26, 2025, at the earliest.

• Kessler and 23XI/FRM responded that same day, claiming the holidays are unavoidable, and NASCAR’s “proposed schedule is too late to prevent irreparable harm.”

• Kessler also claimed NASCAR attempted to “obstruct the appeal” by removing the claims release for open teams after the 23XI/FRM appeal as a way to nullify appeal since “open agreements no longer contain the offending release.”

• To simplify, 23XI/FRM’s preliminary injunction appeal would no longer matter because there were no longer concerns to whether or not the teams…