Having exhausted nearly every legal option to retain their charters after the Fourth Circuit Court of Appeals revoked a previous preliminary injunction protecting it, both 23XI Racing and Front Row Motorsports have taken a new course forward.
23XI and FRM have filed a motion for another temporary restraining order (TRO) and a new preliminary injunction that would allow them to keep their charters for the remainder of the 2025 season. The trial date for the lawsuit does not take place until December 1st of this year.
New evidence?
The teams cite new evidence as their reasoning for this motion, and allege that NASCAR plans to "immediately move to sell or issue Plaintiffs’ charters to other entities—putting Plaintiffs in irreparable jeopardy of never getting their charters back and going out of business." The teams claim they received a letter from NASCAR, indicating that this is indeed the intention of the sanctioning body.
NASCAR has quickly responded, calling the motion "improper" and requesting a decision from the courts by Wednesday on the TRO.
23XI and FRM have three charters each, and with only 36 charters, they are highly sought after. Teams are willing to pay tens of millions of dollars for just one charter, as recent sales of showcased. NASCAR also stated that 23XI and FRM are refusing to return the money they've earned under the 2025 Charter Agreement so far, stating in a Monday filing: "The Plaintiffs have informed NASCAR they do not intend on returning the money irrespective of the Fourth Circuit's decision."
NASCAR's official statement
NASCAR released a full statement on the situation publicly, claiming they have reached out in attempts to end this legal battle before it goes to trial, but 23XI and FRM are not receptive to it.
“It is unfortunate that instead of respecting the clear rulings of the Fourth Circuit, 23XI Racing and Front Row Motorsports are now burdening the District Court with a third motion for another unnecessary and inappropriate preliminary injunction.
"As both the Fourth Circuit and the District Court suggested, NASCAR has made multiple requests to 23XI Racing and Front Row Motorsports to present a proposal to resolve this litigation. We have yet to receive a proposal from 23XI or Front Row, as they have instead preferred to continue their damaging and distracting lawsuit. We will defend NASCAR’s integrity from this baseless lawsuit forced upon the sport that threatens to divide the stakeholders committed to serving race fans everywhere. We remain focused on collaborating with the 13 race teams that signed the 2025 charter agreements and share our mutual goal of delivering the best racing in the world each week, including this weekend in Dover.”
