23XI, Front Row Motorsports accuse NASCAR of obstructing appeal in latest court filing

23XI Racing and Front Row Motorsports accused NASCAR of obstructing the appeal in the latest court filing. Per Bob Pockrass of Fox Sports, 23XI and Front Row filed a reply on why the appeal to the injunction ruling needs to be expedited.

One reason is the teams must know before Jan. 28 which is four days before the Clash, on “how many charter teams there will be as the payouts for the season would be impacted.” Another reason is “holidays can’t be avoided to obstruct the appeal by dropping the release from the open agreements after Appellants filed the notice of appeal and motion to expedite, implying the appeal would be moot since the open agreements no longer contain the offending release.”

Pockrass added: “But the basis for the preliminary injunction was not about the open agreements. It was about the irreparable harm that Appellants will incur without the Charter Agreements.”

23XI Racing and Front Row Motorsports battle NASCAR for deadlines

The proposed deadlines for 23XI Racing/Front Row Motorsports and NASCAR have been released by Pockrass. The two teams are asking for a Nov. 22 deadline for their appeal brief, while NASCAR wants the deadline to be Nov. 25. For NASCAR’s response, 23XI and Front Row want the deadline to be Dec. 4, but NASCAR wants a Dec. 23 deadline. The proposed deadline for 23XI and Front Row’s reply is Dec. 6 for the two teams and Dec. 30 for NASCAR. For the oral argument, the teams want the deadline to be Dec. 13, but NASCAR wants it to be Jan. 26 or later.

All this comes after 23XI and Front Row announced on Saturday they can compete in 2025 as “open teams” after NASCAR removed the anticompetitive release claims that will allow them to race during the lawsuit.

“My clients will continue their appeal to the 4th Circuit to issue an injunction so they can run as chartered teams therefore avoiding irreparable harm,” Jeffrey Kessler, the attorney for the two teams, said, per the Associated Press. “Both race teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all.”