In an effort to be considered Chartered teams for the remainder of the 2025 NASCAR Cup Series season, 23XI Racing and Front Row Motorsports requested a temporary restraining order and a preliminary injunction last 14 July in U.S. District Court in Charlotte, North Carolina.
The documents were filed in response to a Fourth U.S. Circuit Court of Appeals ruling that said the two teams who elected not to sign the 2025 Charter agreement couldn’t reap the Charter benefits while pursuing an antitrust suit against NASCAR. The mandate from the appellate court is scheduled to be issued on 16 July.
"New information surfaced through the discovery process that overwhelmingly supports our position that a preliminary injunction is legally warranted and necessary," Jeffrey Kessler, the teams’ attorney, told The Associated Press. "The teams’ love of stock car racing and belief in a better future for the sport for all parties—teams, drivers, employees, sponsors, and fans—continue to motivate their efforts to pursue this antitrust case."
If the temporary restraining order and preliminary injunction aren't granted, the six cars fielded by the two organizations wouldn't be guaranteed starting positions in the Cup Series races for the season’s reminder. They would have to qualify on speed.
The two teams also wouldn’t receive the percentage of the TV money that goes to the teams that signed the 2025 Charter agreement. They may also have to repay the money they received through the season’s first 20 races if their request isn’t granted.
Court documents contend that if the two teams lose their Charter rights or are forced to unwind their Charter purchases before trial that the teams could possibly go out of business. The jury trial is scheduled to begin 1 December.
Monday’s filing alleges that since the appellate court’s ruling, NASCAR has signaled its intention to immediately sell or issue the two teams’ Charters to other entities. NASCAR has been ordered to respond to Monday’s filing by 5:00 P.M. on 16 July. That means no ruling on whether the Charters would be revoked until at least 17 July.
In a statement released by NASCAR, the sanctioning body accused 23XI Racing and Front Row Motorsports of "burdening the District Court with a third motion for another unnecessary and inappropriate preliminary injunction." It noted it has made multiple requests to the teams to "present a proposal to resolve this litigation" and had not received one.
"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," NASCAR said in the statement.
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