NASCAR lawsuit: 23XI Racing, Front Row Motorsports seeking preliminary injunction to keep charters

In response to the appeals court decision this week, 23XI Racing and Front Row Motorsports are making another move in the NASCAR lawsuit. The teams intend to file a motion for a temporary restraining order and a new preliminary injunction in order to save their charter status. However, they have asked the courts to keep certain documents confidential.

The U.S. Court of Appeals vacated the preliminary injunctions from last December. That puts 23XI and Front Row at risk of losing their charters for all six of their Cup Series teams.

This NASCAR lawsuit has continued to be a back-and-forth between the two sides. Losing charters for the rest of the season would be a major hit to 23XI and FRM monetarily.

In today’s filing, the teams are asking the District Court to “file certain materials under seal.” The teams are submitting more evidence to support their case that they require charter status for this season in order to avoid “irreparable harm.”

As part of the filing, certain documents will be redacted from the public’s view. However, a redacted version of the motion for the restraining order and preliminary injunction will be made available for the public. The redacted documents include business information, confidential communications, as well as “documents relating to sponsors, drivers, and other partners and contracts…”

Bob Pockrass of FOX Sports reports that he believes this injunction will be to keep their charters. The U.S. Court of Appeals denied 23XI and FRM’s motion for a hearing in front of the full seven-judge panel. So, it appears they have gone back to the drawing board with a tight deadline to do so. The charters will be taken away the week of the Dover race. That is, without further intervention.

NASCAR lawsuit: Teams attempting to keep charter status

When Judge Niemeyer of the U.S. Court of Appeals struck down the District Court’s injunctions from December, he called into question the claim that 23XI and FRM had made in order to receive the injunctions. In other words, he felt they lacked evidence for what they were claiming.

In early June, Niemeyer ruled: “In entering a preliminary injunctionin this case, the district court held that the plaintiffs were likely to succeed on the merits of their antitrust action against the National Association for Stock Car Auto Racing, LLC (NASCAR), and it’s CEO, James France, because NASCAR, as an alleged monopolist, required the plaintiffs, as a condition of doing business with them, to enter into a release for past conduct. Because that theory of antitrust law is not supported by any case of which we are aware, we conclude that it was not a likely basis for success on the merits and vacate the injunction.”

23XI Racing and Front Row Motorsports have had their fair share of wins in this lawsuit against NASCAR. However, losing charter status would be a big loss. Both sides seem intent on going to trial in December. So, we will be along for the ride until then.

The results of this lawsuit could change the sport. Whatever that looks like remains to be seen. And there are a lot of people not involved in the lawsuit who will be impacted.