NASCAR asks court to reverse preliminary injunctions granted to 23XI, Front Row

DAYTONA BEACH, Fla. — NASCAR asked an appeals court Wednesday to overturn a preliminary injection that permits 23XI Racing and Front Row Motorsports to compete as chartered teams despite not signing an agreement, stating that the district court's decisions "were riddled with errors, each warranting reversal of its injunctions."

In a brief to the Fourth Circuit Court of Appeals, NASCAR stated that the injunction orders "flout federal antitrust law; misapply the established rules governing the use of preliminary injunctions; ignore unrebutted, legally significant evidence; and have sweeping implications for NASCAR's 2025 Cup Series season."

NASCAR also stated in its brief: "The district court's decision to impose the extraordinary remedy of preliminary injunctions—forcing NASCAR to extend the benefits of Charters to its litigation adversaries—was fraught with errors, both legally and factually."

The appeals court is expected to hear arguments in May with a decision possibly in June.

23XI Racing and Front Row Motorsports sought an injunction to allow them to be chartered teams while the matter goes through court.

23XI Racing fields Toyotas for Tyler Reddick, Bubba Wallace and Riley Herbst. Front Row Motorsports fields Fords for Todd Gilliland, Noah Gragson and Zane Smith.

The first attempt by the teams for an injunction was denied on Nov. 8 after the court found "that Plaintiffs had not shown the "irreparable harm" necessary to support granting the requested injunction, but inviting Plaintiffs to file a renewed motion for a preliminary injunction "should circumstances change."

After a new judge was assigned to the case, a new preliminary injunction request was granted Dec. 18.

NASCAR stated in its brief: "The court's order included both the newly requested relief as well as additional relief never even requested by Plaintiffs: that NASCAR approve 23XI's purchase of a Charter from SHR."

Among the impact of the preliminary injunction, NASCAR stated is "the fact that Plaintiffs can now obtain Charters months after NASCAR withdrew its best-and-final offers—and on different terms that Plaintiffs prefer—is significant for NASCAR and NASCAR competitors. After Plaintiffs declined to sign the Charters, NASCAR recalculated race purses, reassessed the number of available race positions, and communicated these updated details to 2025 Cup Series participants.

"By securing Charters, Plaintiffs have hit the jackpot—more races and more prize money—even though they deliberately declined NASCAR's now-withdrawn final offers and other teams had already begun strategizing for a 32-Charter 2025 Cup Series season. At this point, NASCAR would prefer to extend the perks of the 2025 Charter to owners committed to enhancing NASCAR's competitiveness with other sports for fans, sponsors, and media dollars—rather than owners that undermine NASCAR's brand and seek advantages over other owners in Charter terms."

The preliminary injunction is only for this season with a jury trial scheduled to begin Dec. 1.

23XI Racing and Front Row Motorsports filed an antitrust lawsuit Oct. 2 against NASCAR, stating, "NASCAR has unlawfully maintained its monopoly position for offering a top-tier stock car racing series in the United States in violation of the Sherman Antitrust Act."