23XI co-owner Denny Hamlin pulls back curtain on latest filing in NASCAR charter lawsuit

23XI Racing and Front Row Motorsports filed another restraining order against NASCAR and a new preliminary injunction on Monday in order to save their charter status for the remainder of the 2025 season. 23XI co-owner Denny Hamlin said on his “Actions Detrimental” podcast that the latest filing was warranted after discovery revealed “a monopolistic series of acts that have occurred.”

“We filed a new preliminary injunction, and we also filed a restraining order against NASCAR. The basis for the two are through discovery, we obviously revealed — and so much of this is redacted — a monopolistic series of acts that have occurred. We believe the status quo of us having our charters should not be disturbed until this is resolved on Dec. 1 in the courtroom,” Hamlin said. “The reason being… we’re seeking for them to not be able to take and then sell our charters because if we prevail in December, how do you get that back? You can’t.”

23XI and FRM filed the restraining order and new preliminary injunction after the U.S. Court of Appeals for the Fourth Circuit denied the teams’ request to rehear their case after a three-judge panel overturned the preliminary injunction which granted charter status to the teams throughout the duration of their lawsuit against NASCAR. The Court of Appeals vacated the preliminary injunction June 5. 23XI and FRM are currently set to lose their chartered status on Wednesday.

The teams wanted NASCAR to file a response by Tuesday afternoon. The judge has given NASCAR until 5 p.m. ET Wednesday to respond.

Denny Hamlin reveals what 23XI Racing will do if they lose charter status

“Today we filed a motion in the district court for a renewed preliminary injunction and temporary restraining order to protect the teams’ ability to race chartered for the remainder of the 2025 Cup Series season and prevent irreparable business harm to 23XI and Front Row Motorsports until we can present our case at trial in December,” Jeffrey Kessler, attorney for 23XI and FRM, said in the statement.

“New information surfaced through the discovery process that overwhelmingly supports our position that a preliminary injunction is legally warranted and necessary. 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 – continues to motivate their efforts to pursue this antitrust case.”

Chartered teams are guaranteed a spot on the grid each week. Open teams must qualify on speed. Whereas chartered teams receive a portion of the revenue from NASCAR’s multi-billion-dollar media rights deal, open teams do not. Regardless of finish, open teams earn far less money. Furthermore, loss of charter status would compromise and void contracts with sponsors and drivers.

Even if 23XI loses their charter status, Hamlin said they will continue to race. He doesn’t believe it will impact Tyler Reddick and Bubba Wallace‘s push to make the playoffs.

“We’re going to race,” Denny Hamlin said. “… We’ve always said we’re committed to racing this season, whether it be chartered or uncharted. But certainly, there’s been some evidence that has been revealed that warrants this preliminary injunction. … Everything would be the same there as far as racing for the playoffs. Obviously, if you miss a race there, it makes it harder because you miss out on those points. Hopefully, it doesn’t come to that.”