23XI, Front Row drop preliminary injunction appeal

Today at 11:26 AM

23XI Racing and Front Row Motorsports have asked for their appeal of the preliminary injunction ruling to be dismissed.

The two teams filed an appeal earlier this month in response to Judge Frank D. Whitney rejecting their request for a preliminary injunction that would have removed an anticompetitive clause from NASCAR’s open and charter agreements. That would let the teams to continue to compete while pursuing their antitrust lawsuit against the series.

Last week, NASCAR removed the clause in question from the open agreement, prompting 23XI and Front Row to commit to racing next season as open teams.

“Circumstances have changed in the underlying case, removing the need for this appeal and necessitating Appellants to seek new relief from the district court,” the latest request stated.

“Appellants respectfully request that the court grant the voluntary dismissal of this appeal, along with the accompanying motion to expedite with each side bearing its own costs. Appellants understand that this proceeding will be dismissed and cannot be re-installed at a later date.”

When denying the teams’ initial request, Judge Whitney left the door open for the teams to refile the preliminary injunction in District Court, although they would be required to demonstrate a “likelihood” of suffering irreparable harm without the preliminary injunction. Claims made by the teams that they faced the risk of losing drivers and sponsors were dismissed as merely showing a “possibility” of irreparable damage.