NASCAR
Preliminary injunction request struck down in NASCAR antitrust lawsuit
The last nine weeks of 2025’s NASCAR season will see 23XI Racing and Front Row Motorsports race without charters. U.S. District Court Judge Kenneth D. Bell made this order Wednesday, following a preliminary injunction hearing last Thursday (Aug. 28).
In the immediate short term, 23XI Racing and Front Row Motorsports will each continue to operate with minimal change. Competing as open teams means a much smaller share of available purse money. However, none of their six cars are at risk of missing any races, following a recent NASCAR rule change.
23XI Racing’s Tyler Reddick and Bubba Wallace, both top-six finishers from last week at Darlington, will remain championship contenders. FRM’s trio of Todd Gilliland, Zane Smith, and Noah Gragson will also not have any worries of being unable to qualify for future races.
The preliminary injunction granting these teams charter status was denied, as irreparable harm was not proved. Judge Bell took into account recent NASCAR rule changes that guarantee 23XI and FRM’s uninterrupted participation during ongoing litigation.
July saw a tweaked rule by NASCAR, stating that the six 23XI/FRM cars would not be in danger of missing any race for the rest of this season.
The day after the preliminary injunction hearing (Friday, Aug. 29), NASCAR gave the court a document speaking on the future of the six debated charters. NASCAR pledged not to “issue, sell, convey, or lease” the charters between now and the trial date. This comes despite reports of other race teams interested in obtaining these charters.
23XI and FRM claimed this concession did not go far enough. They reiterated continued harm by being forced to run the rest of this season as open teams.
Both teams said in a document they would “suffer irreparable harm if they are not granted charter rights for the remainder of this season because of the risk of breach claims from their irreplaceable drivers and loss of sponsors in the absence of charter rights.”
Judge Bell’s response said in part: “First, NASCAR has changed its “Open” racing rules in a way that guarantees that Plaintiffs will be able to fully participate in each of the remaining Cup Series races. … the loss of the “fixed” Charter payouts and the uncertainty of ongoing relationships with drivers and sponsors can either be compensated with money damages at trial or is simply inherent in the risks associated with the lawsuit.”
“What will happen for the 2026 racing season will remain unsettled for everyone involved in the NASCAR Cup Series until after trial. Therefore, there is no irreparable harm with respect to the loss of “Charter rights” for the remainder of the 2025 Cup Series.”
Judge Bell also stated: “With respect to the sale / transfer / etc. of additional Charters pending a ruling on the merits, Plaintiffs (23XI Racing and Front Row Motorsports) claim that the transfer of the Charter spots Plaintiffs had been using prior to this dispute would “destroy their businesses” under the current Charter Agreement regime. This is a fair and significant fear; however, NASCAR has agreed that it will in effect maintain the status quo with respect to those earlier Charter spots by limiting the number of new Charters issued to four.
“The 2025 Charter Agreements give NASCAR the authority to create up to 40 Charter Members so temporarily adding Charters 37-40 will not irreparably harm Plaintiffs.
“In other words, so long as the disputed Charters are available for the Court to potentially use as part of the final relief granted to Plaintiffs if they are successful at trial, then Plaintiffs are not irreparably harmed and no preliminary injunction is necessary or, indeed, permitted.”
Jeffrey Kessler, the attorney representing 23XI Racing and Front Row Motorsports, issued the following response after this decision on Wednesday.
“We are grateful that Judge Bell has made clear that the status quo is being maintained — protecting my clients’ rights to regain their charters if they prevail at trial and ensuring their ability to continue racing through the 2025 season based on NASCAR’s commitments.
“Equally important, Judge Bell reaffirmed his broad power to order meaningful changes in NASCAR should we succeed, so that teams, drivers, sponsors, and fans can benefit from a sport positioned for long-term growth and restored competition. We are ready to present our case at trial in December.”
NASCAR also released the following response to the ruling.
“We welcome the court’s decision, which brings much-needed clarity to the remainder of the 2025 NASCAR season. For nearly 80 years, NASCAR and the France family have championed a bold vision by taking many personal and financial risks to build a sport that fuels livelihoods, inspires generations, and delivers world-class competition. That commitment remains unwavering, and we will continue to defend the integrity of NASCAR and preserve the values that have guided its growth.”
“To the fans: We won’t let this lawsuit distract from what matters most — delivering the unforgettable moments you’ve come to expect from our great sport and crowning the next NASCAR Cup Series champion on November 2.”
The next updates in this ongoing legal battle should come from the trial itself. This is barring any potential out of court settlement between both sides. The jury trial is scheduled to start on Dec. 1.
Written by Peter Stratta
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Photo Credits to Sean Gardner, Meg Oliphant, and Jared C. Tilton/Getty Images
