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23XI Racing, Front Row attorney Jeffrey Kessler releases statement after injunction decision

JHby:Jonathan Howard12/18/24

Jondean25

NASCAR lawsuit 23XI
Stan Szeto-Imagn Images

In a big win for 23XI Racing and Front Row Motorsports today, the teams were granted a preliminary injunction by the court. It will allow them to race as chartered teams in the 2025 NASCAR season, and purchase a charter each from Stewart-Haas Racing.

Given the decision, there is still a chance for an appeal from NASCAR. If not, this lawsuit will move forward into the next stages of discovery.

Following today’s decision, 23XI Racing and Front Row Motorsports’ attorney, Jeffrey Kessler, released a statement:

“We welcome today’s decision by Judge Bell granting a preliminary injunction in our favor. The court’s ruling allows 23XI and Front Row Motorsports to race existing cars as chartered teams in next year’s Cup Series. The decision also requires NASCAR to approve both teams’ purchases of a third charter from Stewart-Haas Racing and allow these cars to also race as chartered teams in the 2025 season. 

“We are confident in the strength of our case and will continue to fight so that racing can thrive and become a more competitive and fair sport in ways that benefit teams, drivers, sponsors and, most importantly, our fans.”

Both 23XI Racing and Front Row are going to have three teams each next season. Bubba Wallace, Tyler Reddick, and Riley Herbst for Michael Jordan’s organization. Front Row will feature Todd Gilliland, Noah Gragson, and a yet-to-be-named third driver.

With today’s decision comes another major blow to NASCAR. The court believes the monopoly accusations have merit. 23XI Racing and Front Row have a case here. No one is happier right now than Denny Hamlin.

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23XI Racing gets big win, Denny Hamlin celebrates

Before anything was official, all we had for a few moments was a tweet from Denny Hamlin. An emphatic “YESSSSSSS!!!!!!!” on his X/Twitter. Then the news broke that the preliminary injunction had been granted.

This is major. NASCAR has effectively lost the first battle of this war. When it comes to the monopolistic practices that 23XI and FRM allege in their claims, the court sees a viable argument. Why does that matter?

Well, this case is rather important to how NASCAR already and will conduct business. Look at what the antitrust rulings against the NCAA have done to revolutionize college athletics. Could a similar revolution be coming to stock car racing?

Of course, this whole lawsuit has to play out. But 23XI Racing and Front Row Motorsports have their first big win. In racing, it’s all about momentum. Is the same true about the law? We’ll find out.